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Mrs . Shanta Rani (Housewife)     03 February 2012

Hindu succession - is this possible?

Is this possible?

We are 2 sisters. While I stay in India, my sister stays in USA.

My father owned 2 properties. One of which was acquired by him through his own resources (property A) and another one was inherited by him- Property B (originally owned and built by my grandfather).

During my father’s lifetime, my mother also passed away and I was looking after his health till his death.

Subsequent to our father’s death, as per his written “WILL”, Property A went to my sister and Property B came to me. Accordingly, my sister got her share (Property A) transferred in her name and gave me a No objection certificate for transfer of Property B in my name. The No objection certificate was attested by the consulate in USA. As on today, the mutation of the Property A is in her name and Leasehold Property B, in the books of records in L&DO and MCD, is in my name.

 Having sold her Property A, my sister now wants a share from Property B also. She claims that since this is an Ancestral property, our father could not “Will” Property B exclusively to me and as per Hindu Succession Act, it needs to be divided between both of us.

My questions:

Is her claim valid?

Is she entitled to a share in Property B even after giving a NO Objection, based on which the substitution of the property was done in my name?

What are the safeguards to be taken by me?

How do I handle this situation?



Learning

 4 Replies

ABHIJEET PARIKH (Bcom LLB MBA)     03 February 2012

Since she have given no objection certificate 

Objection should have been raised at that time of no objection certificate 

U be calm as property is in your name 

regards 

Abhijeet

Shantilal Pandya ( Advocate)     04 February 2012

The  arrangement for division  of  property is acceptance  of the   provisions of  will  it  can be  a  valid   acknoledgement of  respective  ownersahip of  both the  property even  as  a family sttelemnt , having  taken advantage of  will  benefit , she  cannot  now  turn round  and  dispute     your ownership over property B . if  the property  B  is  running  in your name and  if it is in your   possession ,  you need not  do  anything ,   what has  to  be  done   for   claim of  your  sister ,  is  to  be  done by  her   and not by you .

adv. rajeev ( rajoo ) (practicing advocate)     04 February 2012

Mere no objection is not sufficient, she has to execute the regd., rights relinquish deed in your favour

sandeep jain (advocate)     06 February 2012

No, she can't claim share in property, because

i) as she had given no objection on mutation and now she is estopped from claiming partition

ii) the will is as good as family arrangement and she had enjoyed the fruits by dispossing off the property fallen in her share.

iii) and if at all if the property is partitioned then the property which she had sold can be fallen in her share.


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