Succession

This query is : Resolved 
 

Online (Querist)
04 December 2020

Hello,
My father purchased a Non-agriculture land from a seller in 1986.Seller father was died in 1985.Registration of Deed was done by the seller and his mother (Seller have two married sister at the time of Registration).Mutation was not done by my father.So,Record shows the sellers father name.Now one of his sister come to claim the portion of this land.I not know is it a Ansestral or aqueared property.Can she claim it???

Location - West Bengal.


N.J.S.Rajkumar alias narasimhaOnline (Expert)
04 December 2020

When the Registration is already done which Record is Still showing the Seller's Name Please.

N.J.S.Rajkumar alias narasimhaOnline (Expert)
04 December 2020

No doubt that Seller's Sisters also Legal Heirs to the concerned Property.

Isaac GabrielOnline (Expert)
04 December 2020

In the document it would have been mentioned whether it was self earned or ancestral.

N.J.S.Rajkumar alias narasimhaOnline (Expert)
04 December 2020

Whether it is Self Acquired or Ancestral there could be No Doubt that Sisters of the Seller is also Legal Heirs of the concerned property.. Better Show all the documents and encumbrance certificates to an Local Advocate and Seek the Legal Opinion.

N.J.S.Rajkumar alias narasimhaOnline (Expert)
04 December 2020

Here as per the Query the Seller and his mother had sold the Father's and Husband's Property with out the Consent of the Sisters/ Daughters

Advocate Bhartesh goyalOnline (Expert)
04 December 2020

Questioned property belonged to seller's father or their ancestor,in both the situation seller's sisters had share and right over the property.seller ( son & mother ) alone had not right to sold the questioned property.Sisters claim is perfectly valid and genuine.

Rajendra K Goyal Online (Expert)
04 December 2020

The property was purchased more than 30 years ago, you are enjoying the property after purchase.

Legally said sister was having share in the property.

However, if she has approached law, no alternate is left but to oppose her claim in the court.

Let your Advocate find whether any defense can help you or not.

Amit RoyOnline (Querist)
04 December 2020

Then,As per law Sisters of the seller can Claim their portion.So,If they claim it can I file a case against seller for compensation.

Rajendra K Goyal Online (Expert)
05 December 2020

Discuss in detail with local Advocate, show him all related documents.



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