Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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sujay (salaried)     30 November 2009

ANCENSTRAL PROPERTY MATTER

DAUGHTER GOT MARRIED BEFORE 8 YRS. HER FATHER WHO IS ALIVE AND HAS GOT PROPERTY (AGRI LAND & HOUSE) FROM HIS FATHER DULY TRANSFERRED IN HIS NAME.

DAUGHTER HAS 1 BROTHER WHO IS UNMARRIED. HER GRANDFATHER IS NO MORE. CAN SHE CLAIM HER RIGHTS ON THE SAID PROPERTY IN TODAY'S DATE?



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 7 Replies

umesh (FINANCIAL ADVISOR)     30 November 2009

THE ROOM WAS IN THE NAME OF MY GRANDFATHER HE DIED IN 1991 AFTER THAT MAY GRANDMOTHER DIED IN 1997 LEAVING 7 LEGAL HEIRS, BUT NOTHING ON THE PAPER, NOW IN REDEVELOPMENT WE ARE GETTING FLAT UNDER SRA SCHEME, ALL LEGAL HEIRS EXCEPT MY MOTHER, SEPARATED SINCE 15 YEARS , NOW THE OTHER HEIRS WANTS TO SELL THE FLAT. IS IT POSSIBLE ?

K. Rajendra Prakash (Advocate)     30 November 2009

Sujay,

Daughter is entitled, she can claim.

K. Rajendra Prakash (Advocate)     30 November 2009

All the legal heirs are entitled to equal share.

tanmay (lawyer)     30 November 2009

umesh, ur question is not very clear.... but wat i could make of it is that some of the legal heirs want to sell the room while others don't..... well in that they r entitled to sell only thier proportionate ratio....without specifying any particular direction.... one more thing in this case as i could make from the query the room is residential.. the prospective purchaser will have to file a suit for partition.. he can direct come in possession.... if u have the apprehension that the other heir are in mood to sell the entire property then u can file a suit for injunction in civil court...

umesh (FINANCIAL ADVISOR)     01 December 2009

THANKS FOR UR REPLY, TANMAY, ONE MORE THING I HEARD THAT IN SRA SCHEME THE ONE CAN NOT SELL HIS OR HER FLAT FOR 10 YEARS AND SINCE MY BIRTH ME AND MY MOTHER ARE THE CONTINUOUS RESIDENT (FROM 1974) OF THAT ROOM AND SINCE 1995 I AM LOOKING AFTER ALL THE MAINTENANCE OF THE ROOM, MY MOTHER IS YET TO RETIRE AND SHE IS SUFFERING FROM PARKINSON ...WHAT SHOULD I DO TO TRANSFER THIS FLAT IN MY MOTHER'S NAME, SHE IS ONE OF THE LEGAL HEIRS...

sujay (salaried)     02 December 2009

Sir, thanks for your reply.

R.K.SUNDERRAJ (LAWYER HUBLI,KARNATAKA)     04 December 2009

You  file a partition suit,make all the legal heirs as defendants and by which you can seek remedy, or if all the other members are co-operative with you you can go in for registered partition mutually which would also  be binding,and therefore you can determin the exact shares and boundries of the property,so that the purchaser also would not be put to trouble.


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