Property sale
Harsh
(Querist) 26 April 2012
This query is : Resolved
Sister got the residential property from her brother through registered document. It was a self acquired property of the brother. After the marriage of the brother, his wife left him after few years of the marriage due to illegal relationship with some other person. There are 2 daughters of the brother. All the responsibility was taken over by sister as the wife of the brother left him permanently and brother has never taken any legal action against her and gives all the guardianship to his sister. There was no divorce. After the death of the brother sister still taking care of his daughters (2 daughters) and has arrange the marriage of one daughter successfully. Now the sister has arranged the marriage of last daughter of her brother. For this she sold the property which her brother has given to her by registered document. Now brother’s wife filed a case against the sister stating that the property belongs to her as after the death of the husband wife will be the next heir. She has filed this same case even before the selling of the said property by the sister but the judge has returned the suit due to non jurisdiction. After the said rejection wife has not filed a suit again but as soon as wife comes to know that the property has sold out, she reopens the same case. Now sister has received the summon. What will the course of action in this case?
Deepak Nair
(Expert) 26 April 2012
You mentioned that the property was self acquired and the brother transfered the same to his sister to registered deed. The said transfer is absolutely valid and cannot be challenged on the grounds raised by the so called wife. Her suit is not maintainable and will be dismissed. Thus, no need to worry. The said sister shall go attend and contest the case.
Devajyoti Barman
(Expert) 26 April 2012
The sister has nothing to worry.
The suit filed by her estranged sister in law has got no merit and would soon be dismissed after trial.
The sister should engage a good civil advocate.
ajay sethi
(Expert) 26 April 2012
you have good case on merits . if sister has received self acquired property from brother by registered giftyt deed and it was properly stamped sister is absolute owner of said property . sister can dispose of the property
adv. rajeev ( rajoo )
(Expert) 26 April 2012
Wife cannot claim her tittle over the property which is transferred to the sister thru., regd., document and moreover it was self acquired property of the brother. Sister has to contest the case.
Deepak Nair
(Expert) 27 April 2012
Now the query is well and sufficiently answered. Hope the querist is satisfied
Shonee Kapoor
(Expert) 27 April 2012
Nothing left to be added.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Harsh
(Querist) 28 April 2012
Still we have to file a written statement or what are the changes needs to made in previous WS as the property has sold out?
Deepak Nair
(Expert) 28 April 2012
You are required to file WS and contest the same.
What amendment are you talking about??
