Succession
cchs1962
(Querist) 05 March 2013
This query is : Resolved
A man purchased property in coop. hous. soc. ltd. through loan from government. The man has 3 sons and 1 daughter. The old man has died and have given nomination in the society in the name of his 1 son and 1 daughter only. The old man dies in 2008 and according to the nomination the NRI son becomes member of the society. The NRI son as well as the daughter sells there property without the consent of there deceased brother's divorced wife and there children. Does the deceased son's wife and her children gets any succession in the property? Can she or her daughters file a suit of forgery against her husband's brother and sister? Can the sale of the property and the sale deed be challenged by the divorced wife of the deceased husband? Are there any supreme court's reportable judgment helpful for the divorced wife and her childrens? How can the divorced wife and her children approach to the coop. hous. soc.?
ajay sethi
(Expert) 05 March 2013
NRI son and daughter cannot sell the property without consent of other legal heirs . nominee is only a trustee . you cna challenge the sale as other 2 sons would have equal right in the property .contact a local lawyer
cchs1962
(Querist) 06 March 2013
Thanks for all the guidance and reply, I appreciate them from the bottom of my heart. But the problem is the sale deed is being registered and it's already 3 years ever since the sale of the property. The Society have not given any NOC to the seller nor to the buyer and the society have filled a suit in the Board of Nominees. How can the NRI divorced daughter in law of the deceased son of the old man can approach society as well as file the case against the builder and her in-laws?
