Regarding custodian of property
ss
(Querist) 29 November 2009
This query is : Resolved
During the year 1977 my Late father was allotted a plot measuring 220 Sq. yds in Delhi under East Pakistan Displaced Persons scheme by the govt. of India on leasehold basis. My father died 20 years back at the age of 47 years. This property was allotted to those displaced persons who came in India leaving behind their property. I would like to request you please clarify the following:-
1. Since father died intestate leaving behind four legal shareholders including widow mother, in these circumstances how the property will be distributed amongst four legal heirs.
2. Can widow mother sell her property during her life time to any one of the legal heir or outsiders or making a Will in favour of others.
3. What is the meaning of custodian of property. Whether my widow mother comes under this clause as per existing law. What are the actual rights of a widow lady on the property left behind by her husband. Please guide me on the above points keeping in view of above mentioned facts.
Raj Kumar Makkad
(Expert) 29 November 2009
1. The property shall be distributed in equal shares only among 3 legal heirs means widow and two daughters in equal shares
2. Yes. She can do so just against her won share.
3. custodian doesn't replace the actual owner rather it is a liability to take the property in the custody on behalf of the actual owners as per their direction and doesn;t provide any title to th property to the custodian.
So far as the rights of the widow over the property (as given in your case) is concerned, she do not get any better rights than other legal heirs of the deceased.
adv. rajeev ( rajoo )
(Expert) 30 November 2009
Everybody has got equal share in the property.
Yes, mother can dispose according to her will and wish her share only.
for the 3rd question I agree with Raj Sir,
niranjan
(Expert) 30 November 2009
I think it would be better if conditions retransfer of property as given in the order should be seen.
