Joint family / separate
Vikrant
(Querist) 25 November 2011
This query is : Resolved
Period prior to Hindu Succession Act, 1956: An Immovable property is owned by “Mr. A” which he bequeathed to his wife “Mrs. B” by a Will. After the death of B the property comes in the hand of sole Son “Mr. C”.
Period post Hindu Succession Act, 1956: In 1980 C executes the Sale Deed in favour of “D”. At the time of sale C had a “Wife, Son and daughter”.
The two sons of daughter i.e. grandsons of Mr. C challenged the sale deed of 1980 on the ground that the property was a joint family property and therefore Mr. C could not have transferred the same without the consent being obtained of “Wife, Son and daughter”.
Query: What is the nature of property in the hands of Mr. C? (joint family / coparcenary / separate) whether challenge to sale deed is valid challenge? any relevant provisions / judgement. Thanking in anticipation.
Raj Kumar Makkad
(Expert) 25 November 2011
It is self acquired property of C and it is not a joint hindu family property as claimed by his grandsons. The claim is illegal in the eyes of law. A relevant citation can be given to you on tomorrow if you remind me telephonically.
Rajeev Kumar
(Expert) 27 November 2011
I too agree with makkad
Sailesh Kumar Shah
(Expert) 29 November 2011
No reason to differ with opinion of Mr.Makkad.
Vikrant
(Querist) 29 November 2011
Thanks a lot Makkad Sir, and all others.. appreciate all your help.
