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Srinivas (Partner)     11 August 2017

Adverse position vs succession law

Hello Experts,

Father F has property P and has 8 children. F settled each plot to his 8 children but could not allot to child 5 at that time. 

Child 5 is staying in unalloted plot (which was to be alloted to her) continuously and uninterruptedly since 35 years by paying municipal taxes and others taxes whatsoever on her own name. 

Father F expired.

Question: Does 7 children of F has right to property share in unalloted plot of child 5 as per Succession Law or Adverse Position prevails if approched in court of law.

Many thanks

 



Learning

 6 Replies

Kumar Doab (FIN)     11 August 2017

Who purchased the property; deceased Father?

Father’s property does not indicate the property in the hands of deceased father was self acquired or ancestral!

The said settlement was by a registered deed?

It is believed that all involved are Hindu.

Confirm!

Kumar Doab (FIN)     11 August 2017

What is date/month/year of death of father?

 

Wo is child 5; son,daughter? Apparrently it is daughter. Confirm!

What is occupation/source of earnings of child 5? Apparently child 5 is adult. Confirm!

 

 

Kumar Doab (FIN)     11 August 2017

Originally posted by : Srinivas
Hello Experts,

Father F has property P and has 8 children. F settled each plot to his 8 children but could not allot to child 5 at that time. 

Child 5 is staying in unalloted plot (which was to be alloted to her) continuously and uninterruptedly since 35 years by paying municipal taxes and others taxes whatsoever on her own name. 

Father F expired.

Question: Does 7 children of F has right to property share in unalloted plot of child 5 as per Succession Law or Adverse Position prevails if approched in court of law.

Many thanks

 

 

It is believed that deceased father has not left any valid WILL.

Confirm!

Srinivas (Partner)     14 August 2017

Many thanks Sir. Here are the answers for your additional Q's.

1. Ancestral Property F got from compromise decree in 1978.
2. Yes settlement is resgistered deed.
3. All Hindus.
4. DOD: 6 Aug 1984.
5.5 is a daughter.
6. 5 is Retd. govt servant.
7.No Will by F.

Pls suggest. Many thanks.

Kumar Doab (FIN)     14 August 2017

The nature of said property might be self acquired.....

The daughter may claim share in left over/undisposed property left by father............


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