Hindu Act ! share in a property to sister?

Hi Mr.Madhav

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manoj 

advocate

Yes Mr. Madhav step sister of Babu has equal claim over property. Though she is illegtimate child.

At the time of his death Mahesh in 1988, had two sons Babu and his step brother Aashwani and second wife Jyoti. If Mahesh died intastate, i.e. without leaving a Will his whole property was inherited by all the above mentioned 3 person in equal parts. However the property in question got transfered in the name of Babu only that was not challenged by Jyoti at that point of time in 1988. Now in 2017 after 19 years the claim in the property is sought from Bandu, the son of deceased Babu, After 12 years by virtue of adverse possession the suit for partition become time barred. It all depends on Bandu to share the property with Jyoti and his some at this stage or refuse it.

Jyoti (Step sister) has no right in the property as her claim is time barred and secondly the ammendment can into force under hindu law only on 9.9.2005. Consult a lawyer with all details.

Originally posted by : Madhav Dhakne
	Mr. Mahesh have a son (babu). mahesh's wife expired in Dec 1978. in 1979 mahesh married another woman (jyoti ) & jyoti gave birth to aashwini.Mahesh have 2 acres agriculture Land.Mahesh died in 1988. jyoti was married to rohan.The agriculture land was transferred to Mr Babu by then title deed after death of Mahesh. Mr Babu have only son Bandu.Mr Babu died in 2011. Hence the agri land transferred to Bandu & his mother (wife of babu).Now in 2017 Jyoti ( step sister of late Babu ) sent a legal notice to mr Bandu s/o late Babu to claim her share in the Agricultural land which was originally owned by Mahesh. please clarify is her claim have any Base? ?? Bandu will loose the land? ??

There seems to be some error.

“Mr. Mahesh have a son (babu). mahesh's wife expired in Dec 1978. in 1979 mahesh married another woman (jyoti ) & jyoti gave birth to aashwini.

Now in 2017 Jyoti ( step sister of late Babu ) sent a legal notice to mr Bandu s/o late Babu to claim her share in the Agricultural land which was originally owned by Mahesh.”

 
As per details in your post;

Step sister of Babu is Aashwini.

Jyoti is step mother of Babu.

You have confirmed in title of query that all involved are Hindu.

You have not confirmed how and by which valid deed property came in to the hands of  deceased father , and if the property whose title was in the name of deceased father was self acquired/ancestral in the hands of father and if it was ever partitioned, after his death by a registered partition deed.

In case of Hindu male dying without disposing his estate/property in his life time by a valid/registered deed,  the 1st right is of ClassI legal heirs.

In case he has not left a valid WILL then it would be simple matter of inheritance; ‘Intestate Succession’…………. ..And 1st right is of his mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters…………….. and they get equal share.

Married daughters have equal share is self acquired and ancestral property of father, per facts of the matter in case of ancestral property.

The forms/procedure to update of inheritance; ‘Intestate Succession’…………. ..in mutation records of authority under whose jurisdiction property falls is available in O/o Authority and might also be on website.  

Death Certificate, Legal heir certificate are basic requirements. No one can block inheritance.  

Deceased father Mahesh married 2nd time (To Jyoti) after death of his 1st wife.

So marriage is valid. The daughter Aashwini was born to Mahesh and Jyoti from valid marriage.

Upon death of Mahesh equal share should devolve upon ClassI legal heirs that include Babu, Jyoti ,  Aashwini as explained above……………

If Jyoti ,  Aashwini did not relinquish/release/transfer/sell/gift etc their share in favor of Babu by a valid/registered deed then how could Babu register entire property left by Mahesh in his name?

What do you mean by the said title deed?

Does it mean say; declaration deed?

Does any local law as on date of death of Mahesh provides for that Babu could register entire property left by Mahesh in his name?

Same Query;

https://www.lawyersclubindia.com/forum/m-m-m-mm-154457.asp

Mr. R. Singh (Ramesh),

In many threads you got carried awy and instigated/provoked by habitual offender IT=@PSD and posted that was not in good taste.

It is good to note that you want to post and illustrate and do support with extent rules/clauses/enactments/citations/judgments.