Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Whether it is a stridhan or joint property?

(Querist) 29 August 2015 This query is : Resolved 
In the year 1948 Residential house property was purchased jointly in the name of my grandmother (father's mother) and my father , My father was minor during the purchase of the property. later my father passed away in 1991, my mother became joint owner with my grandmother, In 2004 my grandmother (my grand mother was not in possession) sold the half portion of the undivided joint property to stranger (not belongs my Hindu family), where I and my mother didn't put signatures and didn't participate in the sale transaction and also there was no partition deed made between my mother/father and grand mother. stranger filed suite for partition on 2006, In between my grand mother has passed away.we filed an application based on "Section 4(1) in The Partition Act, 1893. based on this Honble Court has ordered in preliminary decree saying that My mother can purchase the portion of property, which was sold to stranger at current market value.Now the strager purchaser has put an appeal in district court and his contention is property purchased in 1948 is a stridhan property (section 14 of hindu successation act). hence its not a joint property Section 4(1) in The Partition Act, 1893 will not attract.
So need you are expertise here.. Though in the 1948 sale deed they have clearly mentioned that my grandmother name and my father name (Minor) are the buyers. and there is not even single sentence mentioned about what is the source of money. does it still attract as stridhan property?
Dr J C Vashista (Expert) 30 August 2015
Consult a local prudent lawyer with all relevant records and information.
Sudhin2218 (Querist) 30 August 2015
Desperately need an expertise opinion here please respond... Thx
Chanchal Nag Chowdhury (Expert) 30 August 2015
Question of Stridhan does not arise. However, it is not possible to say with certainty whether S4 of the Partition Act will Apply.
Sudhin2218 (Querist) 30 August 2015
Since the 1948 sale deed is in the name of my grandmother and father (minor).. At least can it be considered as a Joint property?
Rudrawar Narayanreddy (Expert) 30 August 2015
it is not stridhana property, but the grand mother is owner to the extent of half and she can deal with it as she likes.
Rajendra K Goyal (Expert) 31 August 2015
From the given facts it is not stri dhan.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :