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vasudha J (Documentation)     20 January 2017

Widow property rights

Dear Experts My father in law has made an agricultural property, partition deed registered in 4 son's name in the year 2004-05, and my husband was deceased in the year 2010, in 2014-15, i got transferred in my name, but now my father in law has filed a case in AC court madikeri, stating that my name should be removed and whole property has to be transferred in my son's name after he attains majority who is now 14 years. till then whatever property i have in my name should not be given to any one and the property owner should be left blank. once the property is registered, weather they can change what is the period for the changes if any to be done As my son is minor, i don't want to get transferred in his name until he attends major, or do i have join his name now Please guide me


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 4 Replies

Kumar Doab (FIN)     20 January 2017

It is believed that you and all are Hindu.

Confirm.

After valid/registered partition deed the nature of property in the hands of your husband could be Self Acquired.

After his death it should devolve equally upon ClassI legal heirs i.e; Mother, Wife, sons, daughters…………….

How could it be registered in your name only if other ClassI legal heirs were surviving and did not relinquish/release/settle/gift/sell etc in your favor!

Probably this is the bone of contention.

Since case has been filed you may approach a very able counsel at your location specializing in such/property/civil matters, with all docs on record and give inputs in person and defend the case in court of law.

 

 

Kumar Doab (FIN)     20 January 2017

Is it the same query:

https://www.lawyersclubindia.com/experts/Please-clarify-629451.asp

 

Kumar Doab (FIN)     20 January 2017

Although there is some change in narration and facts in other thread;

 

"My father in law has divided his agricultural property in his 4 sons on 2004-05 and my husband (who is 3rd son)deceased on 2010, i got my husband's one portion property transferred in my name in the year 2014-15 and another in the year 2016-17, But my father in law and brother in laws has filed a case initially stating not to transfer in my name and whole property has to be transferred in my son's name ( now 14 years ) only when he attends major. and the properties which was in my husband's name has to be without any one's name. But in Tahashildar court, i got the property transferred in my name.

Now again my father in law has filed a case in AC court Madikeri giving the same reason.

i want to know weather the AC court will cancel my name in katha 

I don't want to enter my son' until he attends majority.

My in laws are creating problems by filing case, they may even go for civil court and higher courts, for the same i am suffering mentally and financially. Is there any law where i can seek protection. "

 

 

Kumar Doab (FIN)     20 January 2017

On the strength of what facts the property was registered in your name alone in 'Tehsildar's Court'?


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