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Ashok Jain (Proprietor)     26 March 2013

Property

Dear Members

This is the case of one property disputes.

Facts: One piece of land  was purchased before 45 years in the name of Mother. Susquently as and when suplus comes from faher income or brotherd income was invested in house.      

Father was expired in 2005. Brother were staying out of town where property exists. When mother was staying alone, Sister was staying in the same town with rental house.  Brothers  suggested to mother to keep sister  at home so that her rent espense may save. Mother was also supported. 

During the year the house was sold by mother alongwith sister to local purchaser. The buyer of house has not taken consent from two brothers. One brother (who is having original registry with him)  has taken objection and given notice to this effect to the buyer,.mother sister ahd her husband stating that this property belong to father earning and it can not be sold without his consent. Even though, the buyer and mother did registry within 7-10 days after receiving notice. The brother has filed a suit against buyer, Mother, Sister and other brother mentioning that the property was sold without his consent while house was purchased out of father and brothers saving. Apart from the parties had overlooked his notice and did registry.

Please expain the full status and what are the chances of cancellation of registry, withhold the consideration by ceasing the accounts and investment diverted into land etc..

  Ashok Jain 

  



Learning

 3 Replies

Adv k . mahesh (advocate)     26 March 2013

you have a chance to win the suit but you have to show if you have any records that show your saving have being invested in the house and also the notice period is added advantage 

Alokdutt (Manager)     26 March 2013

Dear Members,

I have a query, My grandmother had already sold a House property which was brought through hard earned money of my grandfather and the same was divided among her childrens ( 3 Daughters and 2 sons). The Third daughter is unmarried , My grandmother and her third daughter brought a house (Apartment) 6 years ago jointly in their share. It is a year now that my grand mother has passed away and the haus tax is paid by the next joint holder of the haus, The tax recepit of BBMP (Bangalore) shows my aunt name ( Third Daughter of my grandmother- Unmarried). Now she wants to dispose of the haus and take another haus elsewhere. When i asked the BBMP can the share of my grandmother be transfered to her last son, they said since the property is joint and it will only be transfered to the next joint holder and nobody else. Now My grandmother name is removed in their records last year as i provided the death certificate while paying the yearly House tax to corporation (BBMP-Bangalore). In the recepit only my aunt name is coming and earlier my grand mother name used to come along with my aunt name in tax recepit.

We have a hearsay that the 1st daughter and her sons are plotting / planning to claim share in my grandmothers share of the haus.. Can they claim again , as i believe once the property is divided in form of cash/ immovable/ or any form , cannot be reclaimed again by any survivors when the property is jointly taken in their shares of division. The 1st daughter has already signed in the document of the old haus property when it was sold and divided in cash. I believe when someone is selling a house and everyone has signed as per the family tree( Survivors) It indicates that they have got their share of property in any form as mutually agreed. Otherwise the person would not have signed the documents at the time of registration of the sold property. Am i correct?

Can someone enlighten this is it possible to lay claim again on a joint property of the deceased person?

 

Thanks

Urs

 

 

Alokdutt (Manager)     26 March 2013

Dear members,

In continuation of the above query, I also have belief that the next joint holder who has the full authority on the property can sell/ transfer to anybody of their will, Hope iam correct?

 

Thanks

Urs


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