My mother's share over the property owned by her sister who passed away with out nominies
siva
(Querist) 02 May 2016
This query is : Resolved
I am Siva
Sir,
My grand mother who passed away 12 years back. She had divided her property to her 4 daughter. One is my mother.
Two of my mother's sister got married and one sister didn't married as she is mentally retarded. This unmarried sister passed away 2 YEARS BACK.
Presently one of the sister is using that property and refused to divide that property and asked us to divide it legally.
We filed a suit for partition, but they had produced a registered gift deal agreement showing that the property own to them.
As the sister who had passed away is mentally retarded, is it possible to get the share.
Now we have doubt her death. Is it possible to file a suit for murdering her.
Thanking you
Sivaprasad v
9895141358
Kumar Doab
(Expert) 02 May 2016
(A)
1. If the unmarried sister was mentally retarded (insane) any agreement signed her is invalid.
2. If she signed a registered gift deed then she had to appear before Sub registrar.
Thus you may obtain the proof of her insanity to get the gift deed cancelled.
(B) You need to adduce the evidence that she was murdered with motive to get her property.
Adv. Yogen Kakade
(Expert) 03 May 2016
If you can prove that the aunt who was mentally retarded while executing the gift deed then the gift deed shall become void and you can ask for the share in the property. As your case is pending, ask your lawyer to put these facts smartly before the court.
And further you cannot file a suit for murdering your aunt. File a complaint against the same but first confirm your allegations.
Adv. Yogen Kakade
Jurycon Incorporation
Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Call: 020-65248888 / 09225510883
Rajendra K Goyal
(Expert) 03 May 2016
Since the document was registered by Registrar, it would be difficult to prove that she was not mentally fit while the documents executed. You should present all proof to prove her insanity.
Kumar Doab
(Expert) 03 May 2016
The medical disorders may not be visible by naked eye to an untrained medical professional e.g. Sub Registrar..............until or unless she was displaying abnormal appearance, acts etc
If it was known that she was mentally retarded then the onus to declare her insanity was also on relatives that brought her to SRO......
