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07dj47-07dj47 (NA)     14 March 2014

Expert property advice required

Respected members,

 

I have gone through the forum and read few articles for my situation i am getting contradictory info so help me with all possible advice below is the situation

Mr.A(Great Grand Father) had 5 children 3 girls and 2 boys, all born pre-independence and all passed away before 2002 Mr.A made a Gift Deed and passed on his own earned assets to both sons

all the 5 got married the 3 sisters and 2 son

now the 2 sons are B and C,

B had 2 sons and C died without issues, all the sisters in this case have their lineage.

B with sons died and since it joint family C got to be the executor and every thing was handeld solely by him 

C passed without legal Heir's and both widowed passed as well

 

Now my question is in this scenario can the daughters son's have any claim on this property

and Mr.B's Son who also have passed away can their heirs claim this

Kindly Clearify since the people passed away before the 2005 amendment.

 

I am a Party and am the grandson for Mr.B

Mr.A, Mr.B, and Mr,C and all the three sisters have passed away before 2001

 

i am no legal expert but is 2005 amendment applicable retrospectively.

i am not very well to do hence i post the query here first, and a favorable answer or a way out is what i am expecting.



Learning

 6 Replies

Dr J C Vashista (Advocate)     14 March 2014

In both the situatons it is no, The  daughter's sons have no claim in the property and amendment act is not applicable retrospectively

Hitender Chouhan (lawyer)     14 March 2014

The daughter's son have no legal right to claim in the said property/ies. After execution of the gift deed of any property it is called as self aquired property and not remain ancestral property. The daughter's son/s can claim if the property/ies was/were ancestral and there were no documents were executed. 

07dj47-07dj47 (NA)     14 March 2014

Since class 2 heirs which is Mr.B son should be entitled (according to me) however it also gets the sisters into this and also Mr.B executed POA when unwell to Mr.C to run businesses and Mr.c died intestate so again I am no expert so I seek advice here but this should be going to Mr.b son and grandson

dr g balakrishnan (advocate/counsel supreme court)     14 March 2014

AFTER 1974, GIRLS GOT EQUAL RIGHTS AND PROPERTY IS BETWEEN TWO BROS,ONE DIED AND NEW ACT IN FORCE CAN BE APPLIED AS THE PROPERTY IS I C/as CASE  IS IN INTESTATE STATE, WHEN SO B ALONE CANNOT USURP ALL PROPERTY YEA U HAVE TO ENGAGE VERY GOOD  ADVOCATE . YEA IT MAY TAKE TIME AS JUDICIAL REVIEW UNDER  ARTICLES 226 OR 32 is my view.!

JAYESH G YAGNIK (ADVOCATE NOT IN PRECTICE)     28 March 2014

Please give me advice on how to make Gift an apartment to my younger son?

An apartment owned by me and my wife jointly. We want to give as a Gift of  this apartment to our younger son. The property came to us from my late mother. The apartment is in a cooperative society. Which type of documentation is needed ? 

Dr J C Vashista (Advocate)     29 March 2014

Gift deed by both of you


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