Transfer of property
shekhar khasdeo
(Querist) 01 September 2016
This query is : Resolved
Hello sir i am(birth-1960) 56 year old man. My father had died( in 1961) just after 1 year of my birth. Now my 'father's sister'(Buaa, aunt) (birth-1948) want to claim for her property. My grandfather(died-1998) make a will for 'me and my mother' but it does not register in tehsil(property office's in district). All our property are ancestral, not self earned. Can she able to give that property. Please sir help me. Thank you !
shekhar khasdeo
(Querist) 01 September 2016
Hello sir i am(birth-1960) 56 year old man. My father had died( in 1961) just after 1 year of my birth. Now my 'father's sister'(Buaa, aunt) (birth-1948) want to claim for her property. My grandfather(died-1998) make a will for 'me and my mother' but it does not register in tehsil(property office's in district). All our property are ancestral, not self earned. Can she able to take that property. Please sir help me. Thank you !
adv.bharat @ PUNE
(Expert) 01 September 2016
No she can't take share in that property.
If u like my suggesation then give THANKS on my profile.
Kumar Doab
(Expert) 01 September 2016
If the ancestral property is not divided/partitioned, daughter has a share.
The deceased grandfather can WILL upto his share.
Prefer to get the property related docs and WILL examined by a very able counsel.
P. Venu
(Expert) 02 September 2016
It makes no difference that the will is not registered. However, your aunt has a claim in the property if it is ancestral. However, this is an aspect which warrants close and careful scrutiny.
Raj Kumar Makkad
(Expert) 02 September 2016
Your grandfather died in 1998 leaving behind ancestral property and a living daughter and legal heirs of one son and at that time Hindu Succession act, 1956 was in force according to which neither ancestral property can be bequeathed by way of will nor the daughter can be deprived off from the maintenance share in the inheritance of a Hindu male.
In the given issue, though you have not mentioned about the status of your grandmother and other chacha and buwa. I presume that your grand-father had only one daughter and one pre-deceased son and your grand-mother has also expired prior to your grand-father.
In the facts, your buwa shall be entitled for 1/4 share and you and your mother both in equal share shall get rest of 3/4 share as will shall not prevail as the property is an ancestral property.
Rajendra K Goyal
(Expert) 02 September 2016
Who, when and how the property was purchased and in whose name it was purchased?
How it came in the name of your grandfather?
Get the fact confirmed whether legally the property fulfills the ingredients of ancestral property.
Unregistered will is equally valid if it is signed and witnessed by two witness.
If the property does not cover definition of ancestral property, will is valid, your BUA(aunt) has no share.
Rajendra K Goyal
(Expert) 03 September 2016
It seems the author has preferred to keep mum.
Kumar Doab
(Expert) 03 September 2016
The author should respond to the points raised by experts.
Rajendra K Goyal
(Expert) 28 September 2016
In such circumstances, the query may be treated as resolved.
Rajendra K Goyal
(Expert) 28 September 2016
repeated query:
http://www.lawyersclubindia.com/experts/Transfer-of-property-614581.asp
Raj Kumar Makkad
(Expert) 28 September 2016
I do agree with the advice of Rajender Goyal ji that the thread may be treated as closed/say query resolved.
Kumar Doab
(Expert) 29 September 2016
Why to repeat?
I too concur with Expert Mr. Goyal.
The thread may be deemed as closed/resolved.
