Property transfer after father's death.
Pradeep
(Querist) 04 May 2012
This query is : Resolved
Dear sir,
Following is the case,
My grandfather had some ancestral property which he sold from Pakistan at the time of partition and bought some property in Uttarakhand (Then U.P) he had 3 sons and 2 daughters, out of which 1 daughter got married in 1965 while younger daughter remained unmarried.
My grandfather got some property transferred to the eldest son in 1970s and in later years smaller portions were also registered in the name of unmarried daughter, middle son and the youngest son.
In 1997 my grandfather gave the power of attorney to the eldest son to some portion to take care of land and take loan (other than already registered in his name)
in 2004 he gave the power of attorney of another small portion to the middle son to fight a case.
Recently (in nov 2011) my grandfather passed away without leaving a will,
Now the sons do not want to give any share to the unmarried sister and some portion of property is still in the name of my grandfather
I want to clarify,
whether the married daughter has any right in this ancentral propety?
How can the unmarried daughter claim her share?
can the daughter/s and younger sons claim in the property registerd in the name of eldest son?
How should this property be divided legally.
Thanks for your consideration
Pradeep Kumar
Law student
Adv.R.P.Chugh
(Expert) 04 May 2012
Pradeep,
1. Since all the properties were brought from the proceeds of a joint family property sold in Pakistan, they all get impressed with the character of joint family property.
2. Some properties as you have said are held solely in the name of eldest son, now there would be a presumption that it is his absolute property/seperate property - but this is easy to rebut by adducing proof of :-
a) Funds given by Grandfather ;
b) His personal financial inability to purchase at that relevant time;
c) Otherwise intention reflected that the same was held for benefit of the family.
This also won't attract the mischief of 'Benami Property being irrecoverable' as the present case falls within the exception to S.4 of Benami Transactions (Prohibition) Act 1988.
3. In light of the above a partition can be sought - with Sons/Daughters/Grandsons all maintaining birth rights in the property. If any alienation is already done - that can be challenged within a period of 12 years.
Feel free to talk !
ajay sethi
(Expert) 04 May 2012
if property is in name of grandfather signature of daughters would be encessary at the time of transfer of property . if daughter refuses to sign property cannot be sold .
since grandfather died intestate all legal heirs namely 5 children have right in said property .
contact a local lawyer file suit for partition
Sankaranarayanan
(Expert) 04 May 2012
both experts explained well and i do agreed it, better to show the documents to a local lawyer and seek their advise , act accordingly.
Pradeep
(Querist) 04 May 2012
Thank you sirs for your kind guidance..
Pradeep
(Querist) 04 May 2012
Sir,
Thanks for your kind guidance,
Another thing I want to clarify is that it has been more than 12 years since the eldest son was given sole rights as in 1970s the property was registered in his name)
can we challenge it now?
Regards
Pradeep
Law student
MJP Rohilkhand university
Shonee Kapoor
(Expert) 05 May 2012
Yes, it can strill be challanged.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Pradeep
(Querist) 31 May 2012
Dear Sir,
I took advise from some local lawyers as suggested by you who said that the daughters do not have any right in agricultural property in uttrakhand due to some state level amendmends. Kindly advise.
