father self property
Querist :
Anonymous
(Querist) 28 February 2011
This query is : Resolved
Dear Experts ,one my friends father was purchased one immovable property long back,with his own money , and the said property is still in his name in revenue records,after my friends father died the two sisters was went to court for partion and they got priliminary decree ,and the two sisters are not alive at present both dead ,
before the death the two sisters was solded the said land on stamp paper to my friend and recived total amounts,by my friends sisters , later the death the sisters sons are claiming the said solded land to my friend ,can the sisters sons are eligible for my friends father own acquired property? after gettin the priliminary decree the said property was solded to my friend.now the sons of deasesed are claiming.the sons have any rights?
Amit Minocha
(Expert) 28 February 2011
According to me Since final decree had not been passed in this case, so the property had not been divided so far. accordingly it should not have been sold.
Devajyoti Barman
(Expert) 28 February 2011
The partition decree does not take away the right of the sisters to sell away the self acquired property of their father which they have inherited. Moreover as per section 97 of CPC the Preliminary Decree conclusively determines the rights of the parties.
Bhushan V. Kale
(Expert) 28 February 2011
As per Hindu law, a co-parcenar can transfer his undivided share of property. However, these sisters transferred their share by executing a stamp paper. If it is sale deed on stamp paper, it can not read in evidence. Their legal heirs can claim the share in ancestral property.
Contest the case on merit.
niranjan
(Expert) 28 February 2011
If both the sisters inherited the property and they jointly sold the property to your friend, I do not think sons of dead sisters can claim anything in the property.If your sale deed is not registered it can be used as agreement to sell and you can ask their sons to execute the document.
