Sale Deed
Querist :
Anonymous
(Querist) 12 June 2010
This query is : Resolved
Hi
My mother and her sister had inherited agriculture land from their parents.
The land was jointly owned by my mother and aunt.
My aunt passed away in 2007. She has 2 sons and a daughter.
My mother had 3 sons. Her elder 2 sons are dead. Elder son had two marriages ( both his widows are living). He had one son & 2 daughters from first legal marriage and one son from his second wife whom he married without divorcing his first wife.
My mother's second son has 3 daughters.
Both my brothers had strained relations with their wives and lived separately from their wives.
However my elder brother lived with his second wife till his death.
My mother decided to legally transfer her share of land to me i.e her third son saying that since I was taking good care of her she wanted to register the land in my favour by paying the required fees. The deed was executed in the office of sub registrar and mutations done in my favour in Oct 2009.
Unfortunately my mother expired last month i.e about 7 months after she executed deed in my favour.
Now, one month after my mother's death wives of my two brothers and their seven children have slapped a case against me and aunts children challenging that since the property was undevided between two sisters, my mother had no right to register the property in the name of one son only and should have been divided among her three sons.
It is important to mention here that share of my aunt ( now dead) is still in her name and has to be divided among her 3 children. Hooever, all her three children have been made defendants along with me, my wife and my daughter.
Can you please advise me the legality of the sale deed ( kism vasika tabdeel Malkiat nama Malisti) in my favour?
Thanks and avaiting your reply.
H S Grewal
Raj Kumar Makkad
(Expert) 12 June 2010
In the given case, your mother had got no exclusive rights in the property transferred in your name as the same was not self acquired rather was ancestral in her hands and as per Hindu Succession Act, such property vests in all legal heirs. The legal heirs of both your brothers are also entitled to inherit their share so their suit is valid.
Querist :
Anonymous
(Querist) 13 June 2010
Sir,
Thanks for your reply.
What I want to emphasise here is that the property was inherited by my mother from her parents and has got nothing to do with inheritance from my father's side.
H S Grewal
Querist :
Anonymous
(Querist) 15 June 2010
Mr Raj Kumar Mankad,
Sir,
Your advice is still awaited on whether the ancestral property acquired by my mother from my Nanaji ( as she didn't have any real brother) makes her absolute owner of that property and she had all the rights to give this property to any body, whosoever, as per her own sweet will.
Thanks
H S Grewal
Querist :
Anonymous
(Querist) 21 June 2010
Mr Raj Kumar Mankad
Are you a legal advisor?
My doutts are with me!
How can you answer a question without reading it?
Have you got some templates to answer all your queries like ake a saintly BABA?
Hats OFFFFF
I have lost respect for yourclub.
I Challenge you any any court of law, though I am neither a liar or A LAWYER !!!
I'm sorry it's bit indecent and sarcastic.
But I had to reciprocate!!!
