Succession

Amit Roy (Querist) 04 December 2020 This query is : Resolved
Hello,
My father purchased a Non-agriculture land from a seller in 1986.Seller father was died in 1985.Registration of Deed was done by the seller and his mother (Seller have two married sister at the time of Registration).Mutation was not done by my father.So,Record shows the sellers father name.Now one of his sister come to claim the portion of this land.I not know is it a Ansestral or aqueared property.Can she claim it???

Location - West Bengal.

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Guest (Expert) 04 December 2020
When the Registration is already done which Record is Still showing the Seller's Name Please.

Guest (Expert) 04 December 2020
No doubt that Seller's Sisters also Legal Heirs to the concerned Property.

Isaac Gabriel (Expert) 04 December 2020
In the document it would have been mentioned whether it was self earned or ancestral.

Guest (Expert) 04 December 2020
Whether it is Self Acquired or Ancestral there could be No Doubt that Sisters of the Seller is also Legal Heirs of the concerned property.. Better Show all the documents and encumbrance certificates to an Local Advocate and Seek the Legal Opinion.

Guest (Expert) 04 December 2020
Here as per the Query the Seller and his mother had sold the Father's and Husband's Property with out the Consent of the Sisters/ Daughters

Advocate Bhartesh goyal (Expert) 04 December 2020
Questioned property belonged to seller's father or their ancestor,in both the situation seller's sisters had share and right over the property.seller ( son & mother ) alone had not right to sold the questioned property.Sisters claim is perfectly valid and genuine.

Rajendra K Goyal (Expert) 04 December 2020
The property was purchased more than 30 years ago, you are enjoying the property after purchase.

Legally said sister was having share in the property.

However, if she has approached law, no alternate is left but to oppose her claim in the court.

Let your Advocate find whether any defense can help you or not.

Amit Roy (Querist) 04 December 2020
Then,As per law Sisters of the seller can Claim their portion.So,If they claim it can I file a case against seller for compensation.

Rajendra K Goyal (Expert) 05 December 2020
Discuss in detail with local Advocate, show him all related documents.

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