property
Querist :
Anonymous
(Querist) 13 July 2011
This query is : Resolved
if an ancestral land is registered to a person's son's name during person's life time... then can his female coparceners claim for that land after that person's death.? and can that land's registration be cancelled if petition is filed by the female coparceners...?
Devajyoti Barman
(Expert) 13 July 2011
No unless it can be proved that the property was purchased out of the joint fund and the property was meant for joint one only.
Querist :
Anonymous
(Querist) 13 July 2011
it is ancestral property... if that land is of forefathers and is in family from long time... but person has registered it to his son's name during his lifetime then after his death can his female coparceners claim for that..? and can they get their share..?
R.Ramachandran
(Expert) 13 July 2011
First indicate who was owning the property first. Whether it was self-earned or received from ancestors. If so, when was the property received from the ancestors.
When did the ancestor die?
If the person in question has transferred the land to son's name, in which year did he do so? In which year the person who transferred the property die? Whether his wife was alive at the time of his death?
In which State the property is situated?
When did the female members get married?
Querist :
Anonymous
(Querist) 13 July 2011
it is received from ancestors.. grandfather died on 8 july 2011.. he also received t from his father.. like we call it (pushstaini jameen) and land was transferred in 2009 to his son's name.. no his wife died in 2005.. property is situated in punjab... they are 4 in number.. elder one is dead, second one is out of country, third is about 50 in age and fourth is about 46 in age... all are married...
R.Ramachandran
(Expert) 14 July 2011
Yes, please indicate when did your great grand father (from your grand father received the property) died?
You say that he (meaning great grand father?) also received it from his father.
Can you tell when did your great grand father get the property? While his father was alive or after the death of his father?
These details are required to answer your query.
Querist :
Anonymous
(Querist) 14 July 2011
the great grand father used to live in pakistan and when they came to india they were allotted this land u can say in 1947 or 1 or 2 year later....
R.Ramachandran
(Expert) 14 July 2011
Any property received from the Government as a grant, will be treated as personal property and not ancestral property, UNLESS the intention to treat it as Ancestral is not manifested.
Therefore it becomes very much necessary to examine the character of the property.
Please indicate how many children your great-grand father had - sons / daughters.
Whether the property was distributed by your great grand father to your father and others during his life time or they got it after his death?
Whether after the death of your great grand father, all the sons and daughters got their share or not? Otherwise, who all got the share?
You please give clear answer to all the above points to enable me to come to a conclusion.
Do not miss any of the points.
Ravikant Soni
(Expert) 14 July 2011
The answer is affirmative..
If the property s ancestral one then such person has no right to transfer the same keeping debarred other coparceners.
Such female if right accrued to her in virtue of 2005' amendment, she can file suit for cancellation of such transfer and also can claim her share.
She will be succeeded.
Ashok Yadav
(Expert) 14 July 2011
Yes i do agree with Mr.Soni. The female coparceners can claim share in the ancestral property. They can file suit for cancellation of that document by which the property was transferred by the father to one heir. They will surely get their share.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 14 July 2011
If the property is transferred in life time of the owner/possessor in what ever capacity no right or claim of any body after the death .
