Inheritance of Property

I am not making any stories here, the documents pertaining to the house reflect in this way. It shows that Deceased father (A) purchased a house and has two sons, Elder One (B), Younger one(C). Now there is no document showing partition deed between both sons i.e. B & C or any other document showing transfer of the house or a share of the house to any of sons i.e. B or C but there is registered Gift Deed executed by C showing complete house is gifted to his elder brother i.e. in favor of B. Now, B demolishes complete house & construts new house out of his own earnings. Please clarify further whether this property becomes inherited or B is sole owner?

Same Query:

 

https://www.lawyersclubindia.com/experts/Inheritance-of-Property-651171.asp

Why to repeat.....................?

 

Originally posted by : Arawind
	Two sons divide equal share of their fathers' property among themselves. Later, Younger son sells his share of Property to Elder son but due to mutual understanding, said transaction was shown as gift to Elder son. Elder son who becomes the sole owner demolishes the property and constructs a new house & expenses incurred on building the house is fully out of his own earnings. In future, Daughter-in-law of elder son who build the house files DVC & claims share in said house stating that it is inherited & shared household. Now, please clarify whether the house is inherited?

 

It has already been posted that;

Father’s property does not indicate the property in the hands of deceased father was self acquired or ancestral!

Since you have posted it is self acquired property of father; If father has not left any valid WILL in his life time then it is simple matter of inheritance.

 

Originally posted by : Arawind
	I am elaborating my query to understand better. Said property is self acquired property of deceased Father. Mother of sons' is also expired before gift deed. There is no partition deed & it was a understanding between sons, accordingly registered gift deed. Husband of DIL is alive & stay in the said house along with his parents.

It has already been posted that;

The ClassI legal heirs have 1st and equal right i.e.; Mother (if alive as on date of death), Wife (if alive as on date of death), sons and daughters…………….

You have posted that;

'Mother of sons' is also expired before gift deed'

You could have clearly posted that;

'Mother of sons'  expired after death of her husband (owner of property)  and before gift deed.

 

Neverthless; The succession and equal share of ClassI legal  heits has already been explained.

So Father's self acquired property share shall devolve equally upon his wife and sons .............. (If his mother pre-deceased him).

 

Since mother of sons deceased before siging on said gift deed her share shall devolve equally upon her sons (since her husband pre-deceased her and property is;devolved from her husband/absolute)...............

 

In other words shae of both sons on deceased father's self acquired property becomes equal/50%.

 

One son (donor) has gifted his share to his brother(donee) by valid/registered gift deed and donee has accepted the gift and taken possesion and become sole owner of the property.

 

 

 

Originally posted by : Arawind
	Two sons divide equal share of their fathers' property among themselves. Later, Younger son sells his share of Property to Elder son but due to mutual understanding, said transaction was shown as gift to Elder son. Elder son who becomes the sole owner demolishes the property and constructs a new house & expenses incurred on building the house is fully out of his own earnings. In future, Daughter-in-law of elder son who build the house files DVC & claims share in said house stating that it is inherited & shared household. Now, please clarify whether the house is inherited?

 

Thus it is elder brother (B) that has become sole owner and his son is alive and is staying with him and daughter in law of elder son has claimed share in said property...................

 

Her husband stays in same property, so she is claiming rights to stay in it.

 

You have not replied to: Why are you raking up the issue that the transfer of property was by a gift (deed) but consideration was paid?

 

It has already been posted that;

Wife is not Co-parcener in ancestral property.

Wife has NO forced share in self acquired property of husband, father in law.

Son has NO forced share in self acquired property of father.  

 

You may also reply to:

Have you consulted a very able senior LOCAL counsel of unshakable repute and integrity specializing in Family/Civil matters and shown all docs and evidences on record?

 

 

Other thread by querist:

 

https://www.lawyersclubindia.com/experts/Admissibility-of-Modification-of-Order-651166.asp

It has been suggested:

 

The husband can also find rented accommodation................

If DIL/Son are disturbing peaceful living of aged FIL/Father, he may contemplate to evict under: Maintenance and Welfare of Senior Citizens (MWPSC) Act, 2007

https://socialjustice.nic.in/writereaddata/UploadFile/Annexure-X635996104030434742.pdf

 

Check without any hesitation, with your own local senior very able counsel of unshakable repute and integrity specializing in such/Family/civil matters and having successful track record in such cases...................

Another Query by querist:

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=152817&offset=1

As posted by you in other query: The husband ( sufferrer) in your query is from Armed Forces Background..............

Dr.J.C.Vashista is from Armed Forces Background.

If you wish you can approach him and benefit from his counsel.