Property law

This query is : Resolved 
 


Querist : Anonymous (Querist)
15 June 2019

My husband died interstate in 2009 i have one daughter with my husband and 2 step daughter of my husband .
He had sold a big house and kept their share for them as Nominee in the bank . who are American citizen. he built present house as a share for my daughter and me . after the funeral . the elder step daughter wire transferred the money. and she also stole the sale deed of the present property which we did not expect she did not admit . she emailed refusing it so we gave a police complaint of all the missing document but the police said they have already fled the country. we gave complaint for the document only and then mutated the house in my and my daughters name . now it is 4.5 years the lawyers say that we cannot claim the nominee money because of limitation but they can come and claim the share .without giving the share in the nominee money. my question she is not given any relinquish deed and she will not give .when i suggest to my husband for the same he said thir engineers in America for 25 years they will not claim for this house and simply to harass . so at anytime (because she has stolen the sale deed)..whichi is proof of her .
intention.
is ti possibility tio gift deed to my daughter .or sell this property.
Thanking you



Vijay Raj Mahajan (Expert)
16 June 2019

What is important, the title/sale deed of the property in question, if that stood in your deceased husband's name only, the share of the step daughter will exists unless any testamentary document i.e Will made by your husband in your favor and specifically disinherited the step daughter out of that property.
The sale deed was stolen is not so big issue as a certified copy of the same can be obtained from the registrar office, that your lawyer should have told you and got it for you.
If you have no document to show and prove the distribution of the husband's asset where the step daughter was given her share by his even before his death, the share of the step daughter shall exist in the present property of the husband who died intestate.
You guys were in USA, earning money could have got some competent lawyer to work out all this in a proper manner, rather you're only saving money at that time and still seeking free of cost legal opinion from experts.

Dr J C Vashista (Expert)
16 June 2019

Take certified copy of title document (sale deed) from concerned Sub-Registrar, taking the documents by step daughter is a minor issue.
Which daughter (1st marriage) or daughter from present (second) marriage has taken the document? Whether she has misused the document, if so, how, when and where?
Quite confused and vague facts/statement.
How did you manage to get the property mutated in your name in the absence of original title document?
It would be advisable to consult a local prudent lawyer for better appreciation of facts/ records, guidance and proceeding.
However, if you are located in Delhi and feel so, may contact me (on appointment) with relevant records at: Chamber No 647, Lawyer's Chamber Block, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi-110075 email: majjagdish@yahoo.com Cell # +91-98911-52939 website: vakil_saab.com

krishna mohan (Expert)
17 June 2019

Well advised by two learned experts. If the property is in your possession and title is transferred in revenue/corporation records and other inter connected, you need not worry for the present. Certified copy is a good idea but if a will is written and you convince that it is genuine the rights of step daughters can not be disregarded. As advised take the help of able legal expert on property matters to guide you correctly. Good luck.



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