Share of daughter in property...
Pooja Kewalramani
(Querist) 21 June 2016
This query is : Resolved
Respected Sir,
There are 2 properties of my Late nanaji in Amravati Maharashtra... There are 9 legal heirs of it (5 Brothers and 4 Sisters ) Now I have come to know that my mama is transferring both these properties amongst all five brothers equally... They are insisting to send the id proofs of my mom so that they can process it further. I want to know that what steps can be taken to stop him... My mom is legally having 1/9 th share in it... I had already sent them notices but there is no influence on them... No reply is given by them and they are still processing it... I want to know that what steps can be taken to stop them to tranfer in their name... Pls reply....
Regards,
CA Pooja Jiwatram Kewalramani...
Advocate Bhartesh goyal
(Expert) 22 June 2016
Your mother has to file a partition suit for the properties of your grandfather(maternal) and has to claim her share also she has to seek injuction against her brothers not to transfer the questioned properties till the decision of suit.
Pooja Kewalramani
(Querist) 22 June 2016
Any other solution which can be implemented quickly?????
Kumar Doab
(Expert) 22 June 2016
Meet an able counsel specializing in family/property/revenue/civil/criminal matters with all details, docs ,inputs and obtain considered opinion after due examination of everything.
Thereafter your counsel may also opine that complaint with Tehsildar ( Aitraaz) may be lodged.
Under guidance of able counsel obtain injunction ASAP.
Guest
(Expert) 22 June 2016
Your wording Properties I interpret Land and structure above.
Since your query does not specify that Property is sold to outsider that point of view I ignore
Your statement suggest that they are transferring equally among them self . This statement is not clear and ambiguous , because steps which they take accordingly your step has to be taken.
Scene 1 -- They go to land record dept and give false affidavit that they are only legal heir of your late grandfather and hence they are inserting their name on land record
Scene 2 -- They are doing some deed among themselves , registering and paying stamp duty
Scene 3 -- Any thing other.
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First you need to know what exactly they are doing so ans. may be to the point
Second imp. thing when property is sold to outsider you need to think whether you should claim violation of preferential right to acquire hereditary property .
Suit should be filled within 1 year of such transaction else it is time barred.
Better get land record /local govt. record every 6 months so you are always alert
Rajendra K Goyal
(Expert) 22 June 2016
Agree with the expert Advocate Bhartesh goyal.
Pooja Kewalramani
(Querist) 22 June 2016
Respected Sir,
There are 2 properties of my nanaji; one is shop and the other is house. They have made a deed on the stamp paper of 100 Rs. that the shop and house will have distribution of 40%,40% & 20% , means each of my mama will get 40 %... and the next part is regarding the agreement of all 9 (5 bros & 4 sis) upon this distribution... for it they want the id proofs of my mom bcoz she is also legally entitled to 1/9th share of these properties... please guide.....
Kumar Doab
(Expert) 22 June 2016
Apparently the property is self acquired and even not partitioned.
The stamp paper may not be valid and registered partition deed.
In addition to advise from Expert Mr. Bhartesh Goyal your counsel may also opine that complaint with Tehsildar ( Aitraaz) may be lodged...................and other possible resources, if any.
For a quick and undelayed action from your mother's side , Meet an able counsel specializing in family/property/revenue/civil/criminal matters with all details, docs ,inputs and obtain considered opinion after due examination of everything.
P. Venu
(Expert) 22 June 2016
Your mother has a share and she can get it through a partition suit, if so required.
T. Kalaiselvan, Advocate
(Expert) 25 June 2016
Expert Mr. Bartesh Goyal has very clearly explained and suggested what is to be done on this, you do not have any option than this and if you try to contemplate with any other action ion this then your mother may stand losing the property for ever after which you may have to fight a very long drawn legal battle.
