Partition of property
Anant
(Querist) 30 July 2012
This query is : Resolved
My in-laws family consist of seven sisters (including my wife) and a brother. My wife’s brother had got transferred all property in his name intentionally/deliberately during the year 200-2001 without intimating other siblings/sisters. During the said period of property transfer, my father-in-law and mother-in-law were alive. My mother-in-law died in the year 2007 and father-in-law died in the year 2010 without writing any WILL. Now, my wife and sister-in-law wants their share of property, on asking their due share in property as per HSA 2005, my brother-in-law had told them that since the property has been transferred before December 2004, they don’t have any right in property. The property consists of two nos. houses and two nos. farmland. One house and one farmland had been given to my mother-in-law by their parents as dowry during her marriage. One house in which my brother-in-law is staying is been built by my father-in-law and farmland is an ancestral property. My father-in-law had left abundant hard cash and immovable property (unknown to my wife and her sisters), to which my brother-in-law has got transferred in his name. My wife and her sisters are asking for the property, which has been given to their mother by her parents. My brother-in-law is not even ready to give that too. Please guide me how to proceed further in this case.
Anant (Gulbarga)
A V Vishal
(Expert) 30 July 2012
As per the details given you may proceed on the farmland which is ancestral since the HSA in karnataka regarding share of females was amended prior the recent amendment, as far as the self acquired properties of parents are concerned you cannot proceed legally.
Anant
(Querist) 31 July 2012
Dear AV Vishal,
I received information yesterday itself that my brother-in-law was showing copy of WILL & Git Deed of property (to my wife and other her sisters are not aware about of it). According to which he had got transferred whole property in his name. Now, my question is what ever property my brother-in-law had got transferred in his name cannot be challenged is court, as without informing his sisters he got all property transferred in his name. If there is any other way the WILL and Gift Deed be challenged in court of law, as my wife and other her sisters are feeling cheated. Please guide.
Anant (Gulbarga, Karnataka)
Anant
(Querist) 02 August 2012
Recently I received information that my brother-in-law was showing copy of WILL & Git Deed of property (to my wife and other her sisters are not aware about of it). According to which he had got transferred whole property in his name. Now, my question is what ever property my brother-in-law had got transferred in his name cannot be challenged is court, as without informing his sisters he got all property transferred in his name. If there is any other way the WILL and Gift Deed be challenged in court of law, as my wife and other her sisters are feeling cheated. Please guide.
Anant (Gulbarga, Karnataka)
