share in the property
Querist :
Anonymous
(Querist) 24 June 2010
This query is : Resolved
father had a son & daughter. both are married. father died intestate leaving behind him the site. after the death of father without the consent of the sister, brother got transferred the khata in his name. during the life time of sister, brother & mother have sold the site to third party. now sister is expired. whether, the sister's husband can claim the share over the property and whether the sister's husband can file a criminal case against the brother for having got transferred the khata in his name without the consent of the sister. please provide any rulings on this issue
Adv.Aiyer VLV
(Expert) 25 June 2010
it is assumed you are talking of hindu family
the period of death and transfer matters
generally, khata transfer can be objected to and sister must have asked for inclusion of her name.
criminal case may not work out.
please give details of which year what happened.
Querist :
Anonymous
(Querist) 25 June 2010
Thank u very much sir. You are absolutely right that the parties are Hindus.
father purchased the property on 27.11.1989.
father died intestate on 31.10.2001, leaving behind him his wife, son & a daughter.
son got transferred the khata in his name without the consent of daughter on 18.09.2008
son along with his mother sold the property to the third party on 19.11.2009
daughter died issueless on 18.04.2010
my queries are as follows :
1. whether son in law can claim partition of the property. If so, under what provision of law he can seek for partition
2. whether son in law can file a declaration suit to declare that the sale deed executed in favour of the third party is null & void.
3. whether the son in law can file a criminal complaint against the son for having got the transfer of khata in his name without the consent of daughter (it is presumed that the son might have forged the certain document such as affidavit, etc. of the daughter before the Corporation)
4. In the aforesaid case what is the court fee that has to be paid by the son in law.
Thanking you sir, once again
