Ancestral Propety
Querist :
Anonymous
(Querist) 29 June 2011
This query is : Resolved
Sir,
A has 4 children, B C D E, D is a son and B C E are the Daughter. B has been married in 1980 and E has married in 1990, C has married in 1997. All are married before the death of A. Is C have right in the property share as per karnataka amend ment act 1994. The proeprtys already transfer to name of D in 2004 & he also sold some property in 2005.
Please answer.
Thank u
Tarun Thakur
(Expert) 29 June 2011
The property is in the name of D. Check out from the record of Estate Office ( where the proeprty records are maintained) that whether there are any documents executed by B,C, E in favour of D. i suppose some affidavits are executed by B,C,E that they will not claim share in the property of their father and they have no objection if the property be given to their brother D.
If it is not so then C can claim equal share in the property of her father. Besides C has to file civil suit for declaration that the property sold by D is null and void.
Querist :
Anonymous
(Querist) 29 June 2011
Dear sir,
No documents executed by BCE in favour of D.
D is already sold some property to third party in 2005 what about this please let me know.
Thank U sir
Shashikant V. Patil
(Expert) 29 June 2011
If the family is Hindu, they are governed by Hindu Succession Act 1956, and if the A died (intestate), all (B,C, D, & E) are sons as per your statement and again (B,C E ) are daughters , how B,C E repeated by you? What it means? anyway, all sons and daughters are having rights as per Schedule I of HSA. The transaction by D is illegal, and can be challenged by other co-parceners.
Querist :
Anonymous
(Querist) 01 July 2011
Dear Shashikant Patil Sir,
In my quiry only D is the son, B C and E are the daughter, Their is some confusen because before you Tarun sir is giving different explanation, but yours is different how? pleas suggest me.
Thank U sir
Querist :
Anonymous
(Querist) 01 July 2011
Reply please
