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Sandeep Gupta (Manager)     14 June 2014

Hindu succession act 2005

Father (died in 1998) had left two properties. He had two wives and each wife has sons and daughters. Both of the wife’s are alive. In 2001 they have separated the property and Property A went to one wife and property B went to another. All the members of the family who were in HUF in 2001 according to Karnataka amendment signed the NOC and submitted to BBMP (Bangalore Mahanagar palika) alongwith the application. BBPM has prepared the separation deed upon receiving the NOC with application request and transferred the Katha of the properties A to one wife and Katha of the other property to another wife to establish the clear title and ownership. Separation deed is signed by the commissioner that point of time and after that regular tax is paid by the wives for there respective independent properties. Records are available with BBMP.  This is how the property was separated in 2001 but it is not as per 1908 act.

Later one wife with her legal hires sold the property to me in year 2006 without sharing the information about other wife. Loan was also taken from Bank which is still continuing. Now in year 2014 one of the daughter who got married before the Karnataka amendment filed a case to claim over the property.

 

Let me know if such daughter has the legitimate share in the property and being a third party what are the option and point to focus with me to defend the case.



 1 Replies

Kumar Doab (FIN)     14 June 2014

Don't know what is the Karnataka Amendment.

If the case has been filed you need to contest it on merits.

 

Approach a seasoned, competent lawyer with all docs on record. 

 

Obtain certified copies of all docs mentioned by you from BBMP.

Ascertain the property was self acquired or ancestral?

The sale deed does have a standard language that in case of any flaw the seller and legal heir shall have no claim.

The succession has opened in 1998 when the father died.

The Act providing share to married daughters was amended in 2005.

 

If the family settlement was done then mother should have cared to part share with children.


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