Land law

Naveen Kumar Sharma (Querist) 12 January 2012 This query is : Resolved
there is a land on the name of Rakesh, within the municipal. Rakesh is the eldest among 4 brothers. now others (his brothers) wants share in the land. my question is:
1. is it right to transfer Rakesh land to her wife.
if yes then upon which basis?

2.if Rakesh does not transfer the land to his wife then his brothers will succeed to take the share or not.

pls reply the same

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Raj Kumar Makkad (Expert) 13 January 2012
1. There is no need to do so as Rakesh is the exclusive owner of the property which legally cannot be partitioned among his brothers.

2. No. Reply has already been given above.

Devajyoti Barman (Expert) 13 January 2012
How does Rakesh get the land?
If it is in his name then he is presumed to be its lawful and absolute owner and other others can not claim in it.
There is no hindrance of he transfer the same to his wife.

M/s. Y-not legal services (Expert) 13 January 2012
am agree with makkad sir.,

even how rakesh got the property? i mean property in the name of rakesh mean, whats the earlier transfer mode to rakesh?

-tom-

Advocate Rajkumarlaxman (Expert) 13 January 2012
was that property ancestral or self acquired is the main question then only we can decide they get shares or only wife can have control over the same.

Sailesh Kumar Shah (Expert) 13 January 2012
If you exclusive owner of land then no need for transfer.

Deepak Nair (Expert) 13 January 2012
Rakesh is hte exclusive owner and no other person can claim share on his land.

No need to trnsfer in his wife's name as he is the single and absolute owner.

BUT, if the propserty is ancestral property which was trnasfered by Rakesh's father to him without giving any share to his brothers, then the said brothers can claim their share on the said land.

Guest (Expert) 13 January 2012
I DO AGREE WITH MAKKAD SB.

Raj Kumar Makkad (Expert) 13 January 2012
thanx Manoj & tom.

Rajeev Kumar (Expert) 13 January 2012
I do agree with experts

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