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Jay (NA)     28 August 2012

Daughter rights on property

 

My Grandfather died in Oct-1998. His legal heirs are My Grandmother, My father (Son) and and My fathers sister (Daughter)-Aunty. After their death all legal heirs are taken on "ferfar Utara". After that My Grandmother and Aunty gave Sammati Patra on stamp paper stating no issues for transfer of property on my fathers name.. It is not registered. SO all property transferd on my fathers name.

 

All records have been through by Jan1999. Later,  in 2010, My Aunty files a case for getting Rights/ Shares  on ancestral  property who already gave sammati patra.

 

Is she have a right to ask the share on the property?

 

My Aunt marriage-1968

My grand Father Death- Oct-1998

Transfer Of property- Nov1998

Sammati patra- At the time of transfer of property

My Grand mother Death- May 2002

Case Filed- May 2010

 

Let me know if any other details Required.

.

 



Learning

 2 Replies

Yogesh Anand (Head- Legal AVP)     28 August 2012

Any document evidencing transfer of rights in immovable property requires compulsory registration.  It is not legally enforceable if not registered.  Your Aunt (BUA)  can claim share in the property being legal hier in ancestral property.

Jay (NA)     29 August 2012

Is was manadatory in1998 that samati patra should be registered? She gave that in front Of Talathi. and accepted.


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