L widow's imited right over the acestral property
GANGAM.RAJENDER.
(Querist) 30 October 2013
This query is : Resolved
dear experts,
partition suit has been filed and preliminary decree has been passed.my father got property from A.self acquired and B.ancestral.
my father was died in the year 1955 we are joint undivied hindu family (i.e two brothers) the above said property was not partitioned.
the trial court had passed the preliminary decree in the year 1967 and alloted the shares 1/3 to each members of the family,during the pendency of the suit year1969 my mother executed the sale deed in favour of younger brother and registered.AND MOTHER WAS DIED IN THE YEAR 1974 ,FINAL DECREE HAS NOT BEEN PASSED.
Q1.WILL MY MOTHER HAS ANY RIGHT TO SALE THE ABOVE SAID SHEDULE PROPERTY TO ANY ONE.
Q2.WETHER MY MOTHER HAS SAME OWNER SHIP RIGHT OVER THE SHEDULE 'a' and shedule 'b'property.
Q3.WHICH (a or b property) PROPERTY IS LIMITED OWNER SHIP AND absolute property.
Q4.SALE DEED IS VALID ?AND I HAVE ANY RIGHT IN MY MOTHERS PROPERTY.
IF ANY CITATIONS RELATED TO THIS PLS PROVIDE SIR.
THANK YOU SIR
dr g balakrishnan
(Expert) 30 October 2013
why you did not raise the objection before she died. so answer is who is the kartha today, is again jt family is there need to be asssessed as your property has A abd B types of properties which property she sold you are not clear so clear answer is not possible pls
prabhakar singh
(Expert) 30 October 2013
There is a decree in favor of mother for 1/3
rd and since she has transferred it to only one son,who is not you,you are toying fresh pleas.
Did you plead in suit your mother had NO share but only limited life interest and not
any share(hopefully not)and in case you did
raise this issue,yet her share was declared
then you needed to file an appeal which you did not file,allowing the finding to become final.
In addition without entering into the merit of your statement and it's tenability,it should be clear to you that whatever a HINDU widow held in her hands as limited life interest owner became her absolute under HSA 1956,section 14.
SO YOU ARE LOOKING FOR SOME THING THAT DOES NOT EXIST.
GANGAM.RAJENDER.
(Querist) 30 October 2013
prabhakar sigh sir,
this case is similar to the phoolchand and anr vs gopal lal on 10 march, 1967.
pls observe the case law and give me proper solution sir.i could not got proper solution sir.
both the property was sold to my brother .
pls give me ANSWERS FROM Q1 TO Q4 MENTIONED ABOVE QUERY SIR.
THANK YOU SIR.
prabhakar singh
(Expert) 30 October 2013
My Dearest Author : rajender!
Might be the case that I have not properly solved your case.
But before entering into any further discussion not any case law but parties pleading and judgement is my requirement.
GANGAM.RAJENDER.
(Querist) 30 October 2013
prabhakar singh sir,
sir i am not looking for some thing sir.
there is a share allotted 1/3 rd which is preliminary decree olny not a final decree sir after preliminary decree also shares would be adjusted.
sir this case is nearly similar case like phoolchand and anr vs gopal lal on 10 march, 1967.but i cann't got proper solution sir.
pls see the case law and explain our case sir. sir she was sold both the properties MENTIONED ABOVE(A and B) .
PLS GIVE ME PROPER ANSWERS MENTIONED ABOVE Q1 TO Q4 SIR.
THANK YOU SIR.
