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Esonique (Researcher )     20 December 2014

Urgent advice property transferred illegally?

The widow of my mother's brother has illegally transferred the property to her name that belongs to my mother 's mother. How can my mother claim it back as an inheritance issue? The widow had been occupying that property for more than 15 years. Nobody was told and she did without informing any of the brothers and sisters. Is this legal?



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 2 Replies

venkat subbaiah (ADVOCATE ASSOCIATE)     21 December 2014

Sir,

Need more facts to clarify the issue. Consult an  advocate with a copy of documents. As per your narration your Aunt cannot do so provided it is a joint family property. You cannot say that it is an illegal transfer without actually perusing the title deeds.

Legal heirs will always have their rights to ancestral property and the courts have upheld that. The principle of adverse possession can, to certain extent, justify your aunt's possession in this particular case. 

Esonique (Researcher )     22 December 2014

This is a property matter in Mumbai. The old building had collapsed. That was the parental property between 6 brothers and sisters. The mother of the children also died with the collapse. The government in Mumbai provided a transit camp in which only one brother could live there, unemployed at that time and married with two children, moved in. Later, when the new house got constructed, his moved there and stayed there for more than 15 years. That brother also died. Now, in that house only widow and her three children live. Th other brothers and sisters whom this belonged to fear that this house has been now transferred solely on her name. Can other brothers and sisters get any share of the property at this stage? There are no documents at all. Nothing to prove that she was the owner. Only old newspaper articles and old building records where the sole owner is the dead mother of the brothers and sisters. This has caused destruction and poor quality of life for other two bothers and sisters. None of their children are able to fine a suitable spouse. Their financial condition has forced three of the younger members to live a long and lonely life. This is injustice. The new house that the widow transferred to her name, is now worth at least a crore with Mumbai's land price estimate.


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