Inheritance of Property
Arawind
(Querist) 12 August 2017
This query is : Resolved
Two sons divide equal share of their deceased fathers' self acquiref property among themselves. Later, Younger son sells his share of Property to Elder son but due to mutual understanding, said transaction was shown as gift to Elder son. Elder son who becomes the sole owner demolishes the property and constructs a new house & expenses incurred on building the house is fully out of his own earnings. In future, Daughter-in-law of elder son who built the house files DVC & claims share in said house stating that it is inherited & shared household. Now, please clarify whether the house is inherited? There is no partition deed of the said house. If inherited then Sons & daughters of both brothers claim their shares & make the claim of daughter in law null & void. Gift deed was made in 1984 & new house was constructed in 1986.
Ms.Usha Kapoor
(Expert) 12 August 2017
Elder son's daughter in laws claim to the house that it is inherited and shared household and not self acquired by her father in law has no substance and contrary to facts and law and younger son through sale/registered gift deed surrendered his rights in the house to his elder brother who after demolishing rebuilt the entire house out of his own earnings.Now the older brother is the sole owner of the house and he can deal with it in whatever way he likes.
Please clarify was the gift deed registered or not. If not get it registered immediately.
Ms.Usha Kapoor
(Expert) 12 August 2017
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Kumar Doab
(Expert) 12 August 2017
Same Query:
http://www.lawyersclubindia.com/forum/Inheritance-of-Property-152769.asp
Kumar Doab
(Expert) 12 August 2017
The matter has already been discussed in detail in another thread.
Kumar Doab
(Expert) 12 August 2017
Why to repeat.....................?
Kumar Doab
(Expert) 12 August 2017
You may reply to the points raised by members/experts in other thread...
