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Ravi Sharma ( )     20 September 2017

Challenging transfer deed

Dear Learned Friends, My father died (intestate) in 1978 leaving behind W, S1, S2, S3 & D1. Land falls in Lal Dora area (in Faridabad) meaning thereby no papers of any type are available wrt the same land. an oral partition took place between between all Sons and mother 20 years back. Wherein mother didn't take any share and hole property was divided equally among all sons. Now some time back, my mother (under impression as if she became owner property of the property after death of my father) made a Transfer deed wrt to the residential immovable property in favor of S2 & S3 giving them more share in the property. I wish to know whether :- 1. ) Whether rules of succession get affected in any way merely because of the fact that land falls in Lal Dora area. 2.) If I choose to challenge the said Transfer deed then it needs to be challenged during her lifetime or it can be challenged after her lifetime as well. What will be the consequences if same Transfer deed is challenged after her lifetime? 3.) Generally how long will it take to sort our if I approach court for making said Transfer deed null and void.


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 8 Replies

SHREY DAMBHARE   20 September 2017

Don't ask how much time it will take in Court for declaring Transfer deed null and void. Instead you should file for suit for partation if there is no record of oral partation. Being Coparcenary you will get your share as per Hindu Succession Act. I think your father dies intestate that's why this problem is appearing. You have to file suit for declaration that Transfer Deed is void as well as Suit for Partation to get your share. 

Siddharth Srivastava (Advocate)     20 September 2017

1. No. Your mother is also entitled to have equal shares.

Siddharth Srivastava (Advocate)     20 September 2017

1. No. Your mother is also entitled to have equal shares. 2. The law prescribe limitation in this regard so you can approach court within prescribed limitations. 3. 2 to 3 years in general depending on circumstances.

Siddharth Srivastava (Advocate)     20 September 2017

1. No. Your mother is also entitled to have equal shares. 2. The law prescribe limitation in this regard so you can approach court within prescribed limitations. 3. 2 to 3 years in general depending on circumstances.

Siddharth Srivastava (Advocate)     20 September 2017

1. No. Your mother is also entitled to have equal shares. 2. The law prescribe limitation in this regard so you can approach court within prescribed limitations. 3. 2 to 3 years in general depending on circumstances.

Kumar Doab (FIN)     20 September 2017

Since all parties are not agreering it may not be possible to prove oral partition.

 

Kumar Doab (FIN)     20 September 2017

If your father's mother was also laive as on date of his death she also has equal share being a ClassI legal heir.

Thus your mother's share can be 1/6th or 1/5th.

Your mother can not dispose more than her share by any valid/registered/deed.

 

Kumar Doab (FIN)     20 September 2017

If you have decided to contest per full facts that are known to you then approach a very able senior LOCAL counsel of unshakable repute specializing in such/civil matters and well versed with local rules/laws including Lal Dora lands..............for a considered opinion.


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