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momo (avp)     12 August 2011

Hindu succession act

Hello all,

After a lot of search, i finally found a place where i can build a house. while checking the papers, my writer raised a small question about succession law. here is the scenerio.

The property's current owner bought the land in 2008 - from one Mrs.X and mr.SonX and ms.DaugherX. while the property's owner was Mr.X, who had passed away in 2002 with out leaving a will. He had bought this in his sole name in 1998. at the time of his death, he was survived by his family ( wife +2 children) and his mother. His mother later passed away in 2005. now the question is, at the time of his death, since his mother was alive, she should have gained a right for some portion of the land, and since she had other children, on her death, would her right gone to those children?

or in summary, did the widow and children of the deceased had the full rights to sell the property to the current owner? Do I have to worry about it? the current owner promises i dont have to worry, since he has received the pattayam in his name.

Please please help with an answer - i really wanted to buy this place, since i need to build a house pretty soon and his site matches all my requirements.

Thanks .



Learning

 2 Replies

Adv Archana Deshmukh (Practicing Advocate)     12 August 2011

The widow and children of the deceased had the full rights to sell the property in 2008.

1 Like

momo (avp)     12 August 2011

Thanks much Adv. Archana, for the reply.

i have one question though. when the son died in 2003, mother got the right for 1/4th of the property, right? what happened to that right on her death? was it a limited right she had got?


Thanks much again.


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