Property share
skn
(Querist) 27 April 2015
This query is : Resolved
Dear Sirs, Please advise on;
A & B were brother and sister, B (sister) gave her consent in writing on a stamp paper stating that she gives up all the rights in property of her father to her brother A. This was willingly given in the year 1996-97, because of this the whole property was transferred in the name of A, later A (brother) died in the year 2007, subsequently, the husband of B who was a Tahsildar in the same taluka in the year 2007-08, used his powers and transferred the property in the name of mother of A (as A died) and some portion to son's of A. Both the son's of A were minor during 2007-08. In the year 2014 the mother of A died and hence the whole property by court decree has got transferred to both the son's of A.
However now B (sister of A) is claiming the share of property.
Need advise whether she has such rights to claim property as she has given up her rights in the property?
Secondly, if the whole property was borne by A, then instead of transferring the property in the name of two son's of A, is law permits to transfer the property to A;s mother though he has two sons?
Regards,
SKN
Guest
(Expert) 27 April 2015
Academic query!
How you are concerned with A, B or their shairs?
skn
(Querist) 27 April 2015
Dear Sir,
It is practical case, A sons are my friends.
Kumar Doab
(Expert) 27 April 2015
What is personal faith of A,B e.g.Hindu?
Was the relinquishment by B registered?
Was the wife of A alive upon his death?
Were the answers to above covered in decree issued by court?
skn
(Querist) 27 April 2015
Sir,
By faith Hindu, wife of A is alive, but I have not read the decree so not sure about the answers of the above in it.
Regards,
SKN
Guest
(Expert) 27 April 2015
Nothing practical, if you have no concern with the case. All is theoretical academic query.
skn
(Querist) 27 April 2015
Dear Shri. Kumar Doab, I have asked the copy of decree & will make some of the points here once I get it, but still I would like to repeat the question whether B the sister can claim for property once it is being given voluntarily to her brother.
Dear Shri.Dhingraji,
Case is guanine no academic interest, I am regular reader here and also have asked several question in the past for which I have got valuable advises too, I have no intention of wasting valuable time of all of you.
Why I am asking such question is because to help the needy and also it enriches my knowledge.
Rajendra K Goyal
(Expert) 27 April 2015
The daughter would get share in the property of mother if she did not left any will.
Guest
(Expert) 27 April 2015
Mr. SKN,
If the case is genuine, why you are shy of revealing what is your concern with the case? I have asked twice, but except giving a clever twist, you are silent on the point I raised.
Regular reader does not mean all of them post genuine problems.