victim need help (HOUSEWIFE) 01 March 2014

Who is the owner

Dear Sir , Kindly help in the following matter. At present their is a conveyance deed in the name of Mrs gupta who is the widow of mr gupta. She has got he conveyance deed prepared in dec 2010 in her favour (the husband Mr gupta died in April 2004.). She has got this conveyance deed prepared by giving a registered agreement to sell between her and the original allotee of the house. (the year shown in the agreement is 1994). Mr Gupta had two children one daughter and one son. Daughter got married when mr gupta was alive in 2000 and son got married in 2008 after the death of Mr gupta. Mr gupta had shown this property as an Asset in the ITR Filed by him when he was alive consecutively from 1994-2004 (his death).Also it is shown in the MCD records that the owner of the property is Mr gupta. In the year 2004-2005 this property is transferred in the ITR of Mrs Gupta (widow of Mr gupta) and from 2005 onwards it is showing in the ITR OF mrs Gupta. The cheques given for the purchase of this property were from MR Gupta's Account. There is one agreement to sale and purchase also which is not registered where the property is purchased by Mr gupta. (Only the name of the purchaser differs otherwise everything in both the agreement is same). Now, Mrs gupta want to transfer this property to her daughter and do not want to give it to the son who is disowned. The wife of the disowned son has challenged the ownership of this property and says that its a ancestral property of her father in law and should be divided equally between three legal heirs. Please give your expert views that the dispute raised by wife of disowned son is valid in the eye of law or not. And who is owner of the said property.

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5 Replies

Subash M R (Advocate) 01 March 2014

Here what matters which kind of property Mrs.Gupta has been acquired. It is ancestral property in the eye of law,so,daughter-in-law can claim in so far as her husband share in the property .

Thanking you,

victim need help (HOUSEWIFE) 02 March 2014

But Mrs Gupta is claiming this property to be her self acquired property and says that she is the absolute owner of the house on the basis of the convayance deed. what are the ways to detect that these papers are fraudulently prepared. (sale agreement/gpa/will/conveyance deed)

T. Kalaiselvan, Advocate (Advocate) 03 March 2014

what is the nature of conveyance as title of the conveyance deed suggests? Is it settlement or gift or sale or what is it? If Mr. Gupta was the owner of the property till his death and he died intestate without making any arrangement for the property, the property will devolve upon all his legal heirs equally i.e., on his wife, son and daughter. Now the question is whether the son was disowned by his mother or not, what is this going to with the daughter in law, she does not have any right or interest in the property during her husband's life time, so in what way is she claiming or disputing ?

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victim need help (HOUSEWIFE) 04 March 2014

DIL has got residence right in the property and their is an injunction suit and another is possession filed by the Mrs Gupta. Son is shown to be disowned by way of publication (Though the son and Mother are residing together in a rented home). In injunction suit the judge has dismiss the application of order gainst relatives of DIL to enter in the suit property as she is residing alone with minor son in the suit property. Now DIL has shown the various papers (ITR, MCD Docs, sale agreement between FIL and original alotte) in the court and challenge the title of the property saying its an ancestral property. kindly suggest as she is taking the right steps as the husband is not willing to give maintenance / alternate accommodation to wife.

T. Kalaiselvan, Advocate (Advocate) 05 March 2014

The DIL, if she has gotany grievance about maintenance aspects, she has to initiate legal action against her husband only and not against his close relatives namely mother or sister. She can very well have the residence rights in her husband's residence but not in somebody's (mother) residence. Father in law's property will not be ancestral property so that she is claiming a share for her son, She cannot claim a share in her husband's share which he inherits out of the self acquired property of his father who died intestate. That property will become her husband's own property which he can dispose it as per his sweet will. In the present scenario, the DIL will stand to lose all her cases to claim a share in the property except that she is entitled for residence rights.