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Mayank kumar (Manager)     12 June 2016

Residential property related query

If a person (Hindu) bought a land in 1960s built it in 1970s and died without any registered WILL in 1990s, now his wife is also no more. Only 1 son and 3 married daughters are alive. Currently, Son and his family are using it as their resident, but sisters (daughters of original owner ) of son are asking for their share. Son don't have much money to pay them off, so his sisters are forcing him to sell the property (residence) and pay them their share. He don't have any other home & income. He has very emotional values with this house property, as he himself had built this house with his father. He is 70 plus, a heart patient and can't leave this house at this phase of life. Now, Sisters (daughters of original owner) are threatening to take legal action if they don't get the money. What should he do in this situation. Is this an Ancestral property?  Can daughters claim it or their children can claim it? How does new SC clarification of November 2015 on amendment which was passed in 2005 (Hindu succession act 1956) impacts this situation.



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 5 Replies

Aarti   12 June 2016

Hello Sir...

Where i m staying that area is gone to SRA redevopment. But as a proof we only received id card in which my dad photo is ther with room no.and one letter head with little information like CTS no and rent ect. But as such there is no agreement papers we received. So whatever we had received as a proof is it enough....?

 

Kumar Doab (FIN)     12 June 2016

@ Mayank Kumar,

This is subsequent to your many PM's and thread.

As mentioned by you,you had fixed appointment with your lawyer today evening.

You must have shown the property docs and shared inputs with your lawyer.

What is the considered opinion of your lawyer after examination of docs and inputs.

The counsel that examined docs and inputs can advise the best.

 

 

 

 

 

 

Mayank kumar (Manager)     12 June 2016

No he is not coming today, he postponed it. 

Kumar Doab (FIN)     12 June 2016

Fix an appointment and get all docs and inputs examined, for a considered opinion.

The counsel that examined docs and inputs can advise the best.

 

Kumar Doab (FIN)     12 June 2016

You have posted that:

>>> "If a person (Hindu) bought a land in 1960s built it in 1970s and died without any registered WILL in 1990s, now his wife is also no more. Only 1 son and 3 married daughters are alive. Currently, Son and his family are using it as their resident, but sisters"

Apparently it is self acquired/earned.

Daughters have share.

After them thier legal heirs can stake and get share.

 

>>> "How does new SC clarification of November 2015 on amendment which was passed in 2005 (Hindu succession act 1956) impacts this situation."

 

If situation is as mentioned above, the  said amendment is not applicable.

 

The daughter's counsel may even opine to claim mens profits from the property under occupation of brother and his family.

If situation is as mentioned above; emotions and sentiments have no role.

Strike an amicable settlement and preferably register family agreement.

If family agreement is registered, then thereafter there can not be any litigation.

Brother should act sensibly and prefer to close the litigation in his life time and leave no court cases for his family in inheritance.

 

Prefer to consult an very able counsel specializing in family/revenue/property/civil matters.

You may have to pay a fee but you shall get a considered opinion and remedy if possible.

You will have to apply your own judgment and understand merits in each option/remedy.

If you have no money to pay even fee of your counsel, you may try and approach Distt. Legal Authority at your location.

 

 

 

 

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