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possible dispute

(Querist) 13 March 2014 This query is : Resolved 
Hi All,

I have gone through the forum and read few articles for my situation i am getting contradictory info so help me with all possible advice below is the situation

Mr.A(Great Grand Father) had 5 children 3 girls and 2 boys, all born pre-independence and all passed away before 2002 Mr.A made a Gift Deed and passed on his own earned assets to both sons

all the 5 got married the 3 sisters and 2 son

now the 2 sons are B and C,

B had 2 sons and C died without issues, all the sisters in this case have their lineage.

B with sons died and since it joint family C got to be the executor and every thing was handeld solely by him

C passed without legal Heir's and both widowed passed as well



Now my question is in this scenario can the daughters son's have any claim on this property

and Mr.B's Son who also have passed away can their heirs claim this

Kindly Clearify since the people passed away before the 2005 amendment
All are Hindu and the gift deed was given to Mr.b and Mr.c by Mr.A when living
07dj47-07dj47 (Querist) 13 March 2014
Kindly help
07dj47-07dj47 (Querist) 13 March 2014
Kindly help
07dj47-07dj47 (Querist) 13 March 2014
Kindly help
Devajyoti Barman (Expert) 13 March 2014
Who are you, an advocate?
How are you related to this query?
Guest (Expert) 13 March 2014
Academic query. Seems to be a classroom exercise of a law student.
07dj47-07dj47 (Querist) 13 March 2014
I am a party to this
Devajyoti Barman (Expert) 13 March 2014
why are you hiding your identity?
Disclose your name.
07dj47-07dj47 (Querist) 13 March 2014
Ms.barman I only am here with experts of experienced people like yourself for opinion and views what are possible outcome can be will be thank full if I get some information
Request the group of expert to share the views
07dj47-07dj47 (Querist) 13 March 2014
Ms.barman I only am here with experts of experienced people like yourself for opinion and views what are possible outcome can be will be thank full if I get some information
Request the group of expert to share the views
Guest (Expert) 13 March 2014
Party in which capacity you are?
07dj47-07dj47 (Querist) 13 March 2014
Grand son of Mr.b
Guest (Expert) 13 March 2014
Thanks for the info. But, I still believe, this is not a real problem and only academic exercise. I wonder, all heirs of the two generations above you have died, but three daughters of great grand father are still alive.

Anyway, if it is a real problem, better discuss, what type of problem actually you are facing?
07dj47-07dj47 (Querist) 14 March 2014
Mr.b gave Poa to Mr.c to run the family business sine both sons were young to run it, the properties hence show mr.c name and he died intestate with heir so the sisters grand children are claiming interest on the property
07dj47-07dj47 (Querist) 14 March 2014
Mr.b gave Poa to Mr.c to run the family business sine both sons were young to run it, the properties hence show mr.c name and he died intestate with heir so the sisters grand children are claiming interest on the property
07dj47-07dj47 (Querist) 14 March 2014
Mr.b gave Poa to Mr.c to run the family business sine both sons were young to run it, the properties hence show mr.c name and he died intestate with heir so the sisters grand children are claiming interest on the property
ajay sethi (Expert) 14 March 2014
A has made gift deed in favour of B and C during his lifetime . B and C were absolute owners of property .
Since C died without any children and all his brothers and sisters are dead his property would devolve on his siblings children .
on B death his children would inherit his share
07dj47-07dj47 (Querist) 14 March 2014
Since class 2 heirs which is Mr.B son should be entitled (according to me) however it also gets the sisters into this and also Mr.B executed POA when unwell to Mr.C to run businesses and Mr.c died intestate so again I am no expert so I seek advice here but this should be going to Mr.b son and grandson
ajay sethi (Expert) 14 March 2014
MR B share would go to his children only not to his sister children . however C share would go this bother and sister children as he did not have any issues .

If C was merely power of attorney holder for B how could B properties go in name of C. seems something is fishy here


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