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Mohsin Ahmed   04 April 2022

Widow deceased, property transfer query

My grand father have 8 children. 5 men and 3 women. 1 of the women is handicapped. Out of 5 men, elder son send some money to India from Dubai to purchase land. Since one of the sister is handicapped, brothers thought they will buy land and construct home in the name of handicapped sister as she is not married and dependent on brothers. 

Out of 3 sister, elder sister passed away before the property was bought. Now handicapped sister also passed away due to natural reasons. The question is, who will get the legal heir now? 

The house was bought with elder son money, house was built with elder son, 2nd son money. 

Now who will get the legal heir status, who will get share? Also, the property doesn't have Patta now.



Learning

 2 Replies

Palak batra   06 April 2022

Dear Querist,

 

In such a case the property would act as eldest son’s seperate or self acquired property because the person for whom the property was bought is no more and he didn’t get the property from his ancestors and was bought by his own money hence, the property would be separate in nature. 

 

The people who have invested some amount in the land will get a share. 

 

Regards,

Palak

P. Venu (Advocate)     10 April 2022

If there are conflicts or dispute among the siblings, the matter could be settled amoong them. Law or its procedure is no impediment for such amicable settlement.


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