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Jagjit Singh   02 October 2020

inherited share transfer of land

My father bought land in his late wife's name 40 yrs back,now my step sister has filed partition suit,land is not transferred,it is still in 1 st wife's name.step mother left 1 daughter 1 son.hence my father gets 1/3 share by law of intestate succession.father wants to transfer his share to me ( 2 nd wife's only son).please advice valid,legal process to transfer it to my name so that they can't challenge it.if my father dies without transfering who will get his share thanks sir.


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 7 Replies

Dr J C Vashista (Advocate)     03 October 2020

Repeated query at https://www.lawyersclubindia.com/forum/title-suit-for-father-s-share-212935.asp

 

Shashi Dhara   03 October 2020

Your father and children's of deceased wife'sall get equal share ie 50:50.after partition he can gift it to you or any one as per his wishes.

P. Venu (Advocate)     03 October 2020

Who are the defendants in the partition suit? Has your filed written statement? If so, what are his pleadings, esp. as to the rights of the deceased wife in the said property which had been purchased in her name? 

Shashi Dhara   03 October 2020

Your father get 1/3rd sharewhat is your step brothers opinion  to transfer to you from your father.all of you compromise then after father shall transfer his share  it to you.

Dr J C Vashista (Advocate)     04 October 2020

Seek services of a local prudent lawyer for better appreciation of facts/records, professional guidance and necessary proceeding.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     04 October 2020

Draw a settlement deed with the consent of all parties concerned. Better take the services of a good and dependable Lawyer to help draw and get the settlement deed registered.

P. Venu (Advocate)     04 October 2020

The author has posted number queries on the same subject matter, with facts tweaked to suit his convenience.

The essential facts, as I could gather, pertains to property pertains to the property standing in the name of his father's late first wife. Now, it appears that the married daughter of the first wife (the author's step-sister)  has filed a partition suit claiming her share in the said property.

The author is the son of the second wife. It appears that the author is in a hurry to deny the property to his step-sister or at least to have a part of the property in his name. It is in this context that he has posted many a query in all the conceivable permutations and combinations. He also claims that the property, though in his step-mother's name, had been purchased by the funds provided by his father.

Any meaningful suggestion to each of this query requires that the author should provide the information sought in each case. But he is keeping willfully silent.  


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