Property case from mothers sister for right in property named on grand fathers p
shiv
(Querist) 20 November 2015
This query is : Resolved
my father bought property of 6 acres in 1987 and maid registry on his name 3 acre and 3 acres on name of mothers father.
my mothers father died in 2003 after which by taking the NOC from 2 brothers of my mother and 3 sisters transferred 3 acres on my mothers name .
while transferring noc of 1 of my mothers sister have not taken now she wants his share in that property.
she filled case on my mother as ellegal transfer of property and wants her share in property. case is in revenue department now.
although all other 3 sister and 2 brothers have given there NOC ,affaidavit that property belongs my father, he had merely named property on my mothers father name due to smooth relation with him.
now supreme court judgment that father dead before 2005 then doughters not have right in fathers property.
what shall i do now ?
Kumar Doab
(Expert) 20 November 2015
you have posted that; "mothers father died in 2003"
The succession has opened in 2003.
Look into rules deciding share of daughter in 2003.
The case in revenue shall be decided on merits.
Contest it under expert guidance on able counsel.
Rajendra K Goyal
(Expert) 20 November 2015
The property was in the name of your mothers father.
It would be inherited by all his legal heirs at the time of demise.
Sudhir Kumar, Advocate
(Expert) 21 November 2015
Many persons are parking their ill-gotten money in property in the name of relatives and suffering the way your father is suffering.
She will have her share out of the property in the name of her father
You have no case.
Kumar Doab
(Expert) 21 November 2015
Contest the matter under expert guidance on able counsel.Show all docs on record to your counsel.
Anupam Lahiri
(Expert) 22 November 2015
I agree completely with Sudhir Kumar Ji. This is a clear case of Benami Transaction.
Your Pisi (Aunty in Bengali) is entitled to her share in the property.
Your contest that the property is your father's would bring you in troubles. In this case Benami Property law would be attracted.
Better make a amicable settlement of the case with your Pisi by giving her share. Other-wise your father would face criminal case under Benami Transactions (Prohibition) Act, 1988.
Sudhir Kumar, Advocate
(Expert) 22 November 2015
what was father's profession?
if govt employee in which deptt he worked?
whether he is alive?
K.S.Srinivas
(Expert) 23 November 2015
Agreed with Sri Sudhir Kumar.
T. Kalaiselvan, Advocate
(Expert) 26 November 2015
Your mother's sister is entitled to a share our of her father's intestae property, whoever might have bought it, it is now on the deceased name, so as a legal heir she is entitled to a share as per law.
