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SRSRSRSRSRSR (ABC)     04 March 2014

Mother

Hello,

My Sister died without a Will and her son is 12 years old (MINOR). What is procedure to transfer her property (4 Acres Farm land) to her son. We don't want any inclusion for her husband in this as he has sold all his assets and now want to acquire this property too. Is there any procedure where her husband should not sell or mortgage her property. Please assist.

 



Learning

 4 Replies

shanmugam lakshmanan (senior)     04 March 2014

dear sir, since your sister died intestate, her class I legal heirs will get equal share. so the minor cannot get absolute right over the property. At the same time, there is a chance to alinate the property for the sake of minor.  If your are sure that there is no legal necessity to alinate the property you may state the ground and file a suit for Injuncion not to alinate the minor's interest over the property.  You may sue your sister's husband as the next friend of the minor as his father is acting against the interest of the minor.

shanmugam lakshmanan (senior)     04 March 2014

dear sir, since your sister died intestate, her class I legal heirs will get equal share. so the minor cannot get absolute right over the property. At the same time, there is a chance to alinate the property for the sake of minor.  If your are sure that there is no legal necessity to alinate the property you may state the ground and file a suit for Injuncion not to alinate the minor's interest over the property.  You may sue your sister's husband as the next friend of the minor as his father is acting against the interest of the minor.

P JAMES VICTOR (ADVOCATE & TAX CONSULTANT)     05 March 2014

female dying intestate the property will devolve upon the legal heirs, that is inclusive of husband in this case, so you cannot prevent him from getting his share, at the same time he cannot do anything with his sons share, he can do what ever he wants with his share, and he will  be appointed as guardian for his sons share, it will very difficult for him to alienate his sons share because it involves lot of procedure.

SRSRSRSRSRSR (ABC)     06 March 2014

Also there is an house which is transferred from my sisters's father-in-law to her husband via a will in which it is mentioned that the house is divided into two (her Husband and his brother) before 11 years. But its still not registered in city survey office. Is there any way we can avoid the property to be sold or mortgaged. Can the kid ask for his right as the house is ancestral home.

 

In addition, to the Land which we discussed was given to my sister by her father-in-law as he knew that his son will misuse that too. We have affidavit mentioning that her husband is a careless person due to which the land is transferred to Daughter in law.

Can we use the same Affidavit incase of the house?

Please suggest.


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