KUMARESAN A Man of positive thoughts (CGE) 22 April 2015

Purchase of land

One Shri 'V' purchased a land in the year 1973. He died in the year 1977. His two sons 'G' and 'P' & two daughters partitioned his properties among themselves in the year 2002. 'G' settled a portion of his share to his wife 'A' in the year 2014. 'G' obtained patta in her name. 'G' and 'A' have two sons and two daughters. 'A' divided the land as housing lay out and gave power to 'K' to sell a plot in open market in 2015. 'Y' decided to purchase the plot from 'K'.

In this regard, please clarify the following:

1) Whether the action of G to give property in settlement to his wife A is in order as they have other children too?

2) If not in order whether an affidavit, to the effect that other children have no objection for having settled in favour of their mother, will be sufficient?

3) It will be a tough job to bring them to SRO and make them to write a relinquishment document as the children are in different places.

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bsrao 24 April 2015

If a father dies leaving behind self-acquired property, his son will inherit it absolutely. The grandson cannot claim it as ancestral because it was inherited under the Hindu Succession Act. The sum and subsistence of several decisions go to the effect that when a divided son or daughter has got the property belonging to their father in a partition, whether it is ancestral or self-acquired property of the father, they become absolute owners of their respective shares and they can deal with the properties exclusively excluding their sons. The son of a divided son does not get right from his father by virtue of Section 8 of the Hindu Succession Act and he cannot become a co-parcenar in the property in question.

So, please be guided by above and the answers are as follows:

1. G giving to A is in order.

2. You can collect such NOC for documentation purposes.

3. GPA holder can execute a relinquishment deed.

Hope this helps.

B S Rao