kindly advice...!
Querist :
Anonymous
(Querist) 09 December 2011
This query is : Resolved
dear, advocates,
my sister filed a revenue suit for her share in agricultural land which was in my mothers name , my mother died in 1977 and she filed a case in 1994 and the notice to acquire the whole land was given to us in 1984 andpossession was taken by goverment in 1996, i was promised tht i'll be given compensation of 20%residential and 5%commercial land in return (not received compensation yet) now later my sister withdraw that case in revenue court and one month back she again filed a case asking for her share in house and the property that was acquired by the goverment her name is nowhwere in mutattion or elsewhere , now the goverment authorities are ready to give us the compensation but we are asked to give an affidavit that if any liability regarding the share of the sister appears in future as outcome of courts decision rthen we will be responsible for the any kind of compensation that is to be given tomy sister and not the goverment authorities, now my question is if i transfer the land recived in compensation to my sons name will it make difficult for her to claim her share or in what account she won't claim her share (in what all cases)kindly suggest.
Devajyoti Barman
(Expert) 09 December 2011
After the deat of your mother , your sister along with you has become it equal co sharer.
So any compensation received n account of the land is divisible among the legal heirs of your mother which include your sister as well.
V R SHROFF
(Expert) 10 December 2011
As both of you are equal in eyes of law, and both of you and your sister have to share all benefit equally.
prabhakar singh
(Expert) 10 December 2011
agree! all of you have equal share.
Raj Kumar Makkad
(Expert) 10 December 2011
Even if you transfer the share in favour of your sons, even then your sister is entitled to claim her share and by way of court proceeding, she shall be entitled to claim her 1/2 share from you. You shall have to pass on compensation received by you from Govt. Non mentioning of her name in the column of mutation do not give permanent right to you to discard her from her legal right. Her name can be got entered in mutation once she establishes her right and relation before the court. It is better for you to arrive at a settlement with her.
