Law before hindu succession act 1956
i.vasudevan
(Querist) 06 July 2009
This query is : Resolved
i want to meet one case in my office...
i tell the short of the case
one lady got the land (self acquired)by registered sale deed dated 28.06.1930 and she died in the year 1935 leaving behind her two sons and three daughters. Her two sons sold the same property in the year 1945 and the same property was sold by her three daughters in the year 1957.
Now which document is valied?
how the share will succession to the heirs?
in my office we are searching authority?
can u help me sir?
PALNITKAR V.V.
(Expert) 06 July 2009
I dont think that any of the transaction is valid. Since the property of the originator was her self acquired property, all her children including females would have equal share in as much as it is not the joint family property or ancestral property.
SANJAY DIXIT
(Expert) 07 July 2009
I agree with the opinion made by Mr Palnitkar. Being the self acquired property All sons and daughters should get equal shares.
Y V Vishweshwar Rao
(Expert) 07 July 2009
The document of 1945 is valid to the extent of sons's share -40 % and after 12 years in 1957 the three share holders-daughter sold the proerty - it is valid up 60% share - as the said proerty is self acquired proerty and not coparcenanry / ancestral proerty , it is Women Estate /property.
a.manoharan
(Expert) 07 July 2009
Dear Experts,
I think that your sayings are right only if the vendees are different parties. If the vendee is same party , this question is unnecessary. Am i correct?
Y V Vishweshwar Rao
(Expert) 07 July 2009
yes ! Mr Manaoharan I agree with you !
As you suggested if the Vendee is the same person there is no problem.
Harinarayan R. Tripathi
(Expert) 07 July 2009
In view of your query, you have not stated that whether the partition has been taken place or not? Whether by virtue of both the Sale Deeds the same property was sold or difference piece or parcel of the property forming part of the whole property was sold? However as per my views I state herewith that the:-
? first thing is that no individual or individuals can sell the whole ancestral immovable properties without taking the consent in writing or making a party in the sale deed of other left successors and
? secondly once an immovable property is duly sold and possession is transferred to other party then the same property can not be sold again to any other party by its previous owner(s).
i.vasudevan
(Querist) 11 July 2009
Mr.Harinarayanan it is right... it was the same piece of property.. but how ever we should find out if the Hindu female died (self acquired) how the property share will go before Hindu succession Act 1956 ?
