Jayatheertha (farmer) 24 May 2010

Dispute over property among siblings

Hi Solicitors, I am seeking initial advice from you on the property dispute.

Background of the property:

The property is in Karnataka state.

Ancestral property agreement:

The couple (A&B) who built the property had only one daughter (C). Ms C got married to D in early 1940’s. The condition of the marriage was neither Mr D or Mrs C doesn’t have any rights or share in the property. However, the agreement was, the son of Mrs & Mr C&D should be the sole owner of the property.

Mrs & Mr C&D has got one son (E) and three daughters (F, G & H). Two daughters (F &G) got married before 1980. Third daughter got married in 2000. The Property was transferred to Mr E from Mr A’s name in early 1980’s, according to Mr & Mrs A&B’s wish. Currently, Mrs & Mr A&B and Mrs & Mr C&D is not alive.

Dispute:

Now all three daughters (F, G & H) are seeking for share and approached a solicitor (lawyer).

Query:

What would be the outcome and co-sequences if it was challenged in the civil court?

It would be really grateful if you could answer my query.

Thanks in advance.

Regards,

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3 Replies

Devajyoti Barman (Advocate) 24 May 2010

If the couple has died intestate then all of their sons and daughters have got equal share in the property left by them. The condition you stated at the time of marriage of C & D is not clear to me and superficially it appear to be a void argeement.

Jayatheertha (farmer) 25 May 2010

Thanks for your reply Mr Barman,

You are quite right; there wasn’t a written agreement back in 1940's. However, there is evidence that was present during the agreement. Would that help?

Ayush (Advocate) 25 May 2010

as far as I can understand your question, the property that was built by A was his own property and not ancestral to Mr. A. IF the property, as written by you, was built by Mr. A then he can transfer it to whomsoever he likes. If his wish was to transfer the property in the name of C's son E, the sisters of E cannot claim any right in the property.

The suit of such a nature and facts should be dismissed.