Rights on property registered to their sister after she died
Balu
(Querist) 10 March 2017
This query is : Resolved
Hi Team,
My father registered land to his sister now she& her sons died but her husband transfered the property to his brothers daughter instead of his son's son(grand son) .so please telle solution for this as soon as possible.
Sudhir Kumar, Advocate
(Expert) 10 March 2017
So the deceased had a grant son.
the property arose from the assetts of great gandfather of the child and was ancestral.
the transfer can be challnaged if within limitation.
Let grandson of your sister (if major) meet a lawyer today with papers.
Sudhir Kumar, Advocate
(Expert) 10 March 2017
So the deceased had a grant son.
the property arose from the assetts of great gandfather of the child and was ancestral.
the transfer can be challnaged if within limitation.
Let grandson of your sister (if major) meet a lawyer today with papers.
krishna mohan
(Expert) 10 March 2017
No registration can take place without the beneficiary. You mean settlement deed? Even then all legal heirs will have their legal right if it is not earned out of your father's earning. As advised by expert Mr.Sudhir Kumar you may consult a legal expert dealing in property matter with all papers to have the right advise.
Guest
(Expert) 10 March 2017
Although your question is of purely academic nature, but I differ with the advice of both the experts, as neither the property can be said to be ancestral, as seemingly his own property got registered by your father in his sister's name, nor you have mentioned anywhere that the land was registered in the name of deceased sister of your father.
If fact the title of your question, Rights on property REGISTERED to their sister AFTER SHE DIED" is misleading, as the registrar cannot be expected to register a property in the name of a deceased person in the absence of the transferree.
Kumar Doab
(Expert) 10 March 2017
It is believed that you are all Hindu.
The said property that you mentioned ( that was registered in the name of your father’s sister) was self acquired or ancestral.
Confirm!
Kumar Doab
(Expert) 10 March 2017
If it was self acquired property of owner (your father) then he can dispose it in his life time by a valid/registered deed in anyone favor e.g; your father’s sister.
If the deed is valid/registered it should confer ownership
(to your father’s sister).
In case of Hindu Female that dies without disposing her self acquired/absolute estate in her life time, her estate devolves firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
If husband and sons were alive then they inherit and share it equally.
Property that devolves by inheritance is of nature of self acquired.
The owner (husband of your father’s sister) can dispose his share in his life time by a valid/registered deed in anyone favor.
The share of the sons of your father’s sister devolves after their death (that was not disposed by them in their life time by a valid deed), upon their (ClassI) legal heirs.
ClassI legal hiers of Hindu Male are: Mother, wife, sons, daughters………………
So the son's son(grand son) as mentioned by you may his father’s share.
You may obtain mutation record with all link docs and show these to your own able counsel specializing in property/civil matters and obtain considered opinion if there was any defect in the manner property devolved upon legal heirs and was transferred, further.
The rightful owners/successors may proceed further under expert advice of their counsel.
Dr J C Vashista
(Expert) 11 March 2017
Vague query with incomplete information, which cannot lead to form an opinion and advise.
Discuss with a local lawyer for proper appreciation of facts and guide you.
Kumar Doab
(Expert) 11 March 2017
The property: self acquired or ancestral: it shall devolve upon legal heirs.
If husband of your father’s sister has transferred his share/property by a valid/registered deed, then what is objection and why?
If husband of your father’s sister has somehow managed to transfer property that was not rightfully his: then such action can be contested.
You may obtain mutation record with all link docs and show these to your own able counsel specializing in property/civil matters and obtain considered opinion if there was any defect in the manner property devolved upon legal heirs and was transferred, further.
Guest
(Expert) 11 March 2017
Good tutorial for by identity less fake expert, Mr. Doab, for seemingly another learner! That will help to solve the academic exercise.
Dr J C Vashista
(Expert) 12 March 2017
@ Sh. Rajendra K Goyal,
Thanks for agreeing with me.
Warm Regards
Kumar Doab
(Expert) 12 March 2017
@ PSD,
So you have decided to litter your trademark abuse nuisance and TAMASHAA and your BAKWAAS in another thread today.
Guest
(Expert) 12 March 2017
Mr. Doob (meaning by two rivers),
What difference that makes you, when you are appearing with your fake identity, without real name, photo and location?
The question arises, when the querist has asked solution for his problem but you provided academic lecture as if solving his academic exercise. If you don't know the exact solution why such type of academic answer?
At first you asked him to confirm, whether he was a hindu or not and whether, "The said property that you mentioned ( that was registered in the name of your father’s sister) was self acquired or ancestral."
You did not have patience to wait for his confirmation but as usual as of your habit to make multiple posts without any reason, you started pasting through two different posts the copied material from some guide book on your presumption about his being hindu, as if that would solve his problem.
By the way, WHY AND FROM WHOM YOU ARE AFRAID TO POST YOUR REAL NAME PHOTO AND LOCATION IN YOUR PROFILE AT LCI?
