Division of property

This query is : Resolved 
 

(Querist)
15 November 2019

we are four sisters and one brother & all of married.
The property purchased by my mother and same had been transferred to my brother without NOC of sisters.
Now My brother want to sale this property.
Brother can sale property without NOC of sisters.
Can, we, sisters claim our share of property. with regards . Rekha Shukla


Sudhir Kumar (Expert)
15 November 2019

facts are not clear

who transferred property?
when was this transferred?
when did mother die?

kavksatyanarayana (Expert)
15 November 2019

How the property transferred to your brother? During her life time? the property is your mother's own property. So she can transfer the property by way of Gift deed to any person and NOC of others is not necessary.

K Rajasekharan (Expert)
15 November 2019

If the property is acquired by your other and she transferred the property to your brother during her life time, the transfer of the property to your brother was legally perfect and he has perfect title over the transferred property right now. Therefore he does not need his sisters’ permission to sell the property now he owns absolutely.

In that case you, the sisters, cannot by any means claim any share in the above property.

Dr J C Vashista (Expert)
16 November 2019

How did your mother transfer the property in the name of one of you, show the transfer document to a local lawyer?
It is advisable to consult a local prudent lawyer for better appreciation of facts and circumstance/ documents, guidance and proceeding.


RAJESH SHUKLA (Querist)
16 November 2019

mother is alive, mother purchased property her own money by Power of Attorney. THe money earn by her service in bank.The Property transferred by mother mother way of Power of Attorney. The Registry now allowed by the department. The supreme court decision is applied or not in my case.

SHIRISH PAWAR, 7738990900 (Expert)
17 November 2019

Dear Rajesh,
Your mother can transfer her self acquired property as per her wish during her life time. You cannot question the transfer.
Regards,

RAJESH SHUKLA (Querist)
18 November 2019

What is the meaning of this judgement of Supreme Court.

In a landmark decision, the Supreme Court of India (“SC”) upheld the right of a daughter to be entitled to an equal share as a son in an ancestral property, including daughters who were born before the Hindu Succession Act, 1956 (“HSA”) came into force. The judgement was delivered by Justice A.K. Sikri and Justice Ashok Bhushan on February 1st, 2018 in the matter of Danamma v. Amar .

Clarifying further, the Bench added that the Hindu Succession (Amendment) Act, 2005 (“2005 HSA Amendment ..


N.J.S.Rajkumar alias narasimha (Expert)
18 November 2019

Disregard to Court is an Offence and this is not the place for it -- Obviously your self Mr.Rajesh Shukla

N.J.S.Rajkumar alias narasimha (Expert)
18 November 2019

Honorable Supreme Court had once again confirmed the Equal Rights to Women



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