Clarification on land

Guest (Querist) 25 January 2012 This query is : Resolved
Hi I am looking to buy plot,

Issue: In a family 4 brothers and 3 sisters are there. Their father given the property to 4 brothers and the partion happened in 2001. In documents shows there is no clarificatoin or partion happened to 3 sisters.
weather they have rights on this property.
I know that there is hindu Successoin amendent 2005, says that before 12.2004 what ever partion happend this will not act.

Thus please suggest weather 3 sisters have rights or not.

Thanks
Madhu

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Raj Kumar Makkad (Expert) 25 January 2012
So far your presumption prior to period 2005 is concerned, the same is wrong. The daughters had also property rights prior to 2005 in the self acquired properties of their father and right to maintenance in the ancestral properties.

It is very difficult to reply to your question without having knowledge of the source of the property, the way of transfer to those sons who had got the property transferred in their share after demise of their father.

it is also required to be ascertained how the grans father of the proposed sellers had got this property.

It shall be better for you to have a detailed search report from a local lawyer who shall search the entire relevant record from the office of Registrar and joint registrar. You should move ahead only if search establishes the clear title in favour of sellers.

prabhakar singh (Expert) 26 January 2012
You need to tell in which state is the property located??

In many states there have been amendments even prior to 2005.

Is the partition made in 2001 is registered?

M/s. Y-not legal services (Expert) 27 January 2012
better answer to prabhakar sir's questions..

-tom-

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