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Built Trust (aaaaaaaa)     04 December 2011

Property of hindu female

 

Dear Sir,

Please give your reply to my query:

Father in law acquired the property from his own income. Later on Father in Law transfered the property through will to his elder son and younger son's jointly.

The younger son died intestate and the share of younger son is confered to his wife and childern. Lateron Childern of younger son Relinquish their right in favour of her mother by way of registered Relinquish deed and the elder son and younger son's wife (mother) gets the property in her name mutuated in L&DO records. 

The Elder son & deceased younger son's wife have made the partition of said property though registered partition deed. 
1. Whether such property will be treated as seprerate property of Hindu Female or it will be treated as Joint Family Property. 
2. Whether grandson of Father in law (Son of deceased younger son) can claim his share/interest in property later on in view of Relinquish deed made by son in favour of mother earlier.

Thanks



Learning

 2 Replies

kumar t v s (advocate)     04 December 2011

1. Whether such property will be treated as seprerate property of Hindu Female or it will be treated as Joint Family Property. 

It will be treated as separate property of the Female.

 

2. Whether grandson of Father in law (Son of deceased younger son) can claim his share/interest in property later on in view of Relinquish deed made by son in favour of mother earlier.

No, the grand son cannot claim as a matter of right, but if the female dies intestate her children will have succession rights.

1 Like

Built Trust (aaaaaaaa)     05 December 2011

Dear sir,

One new fact has emerged in above issue:

There were three childern of deceased younger son. Two were major and one was minor. The mother showed that she has two major childern only aand those two major childern by way of registered  Relinquishment deed transfered thier share. By those registered  Relinquishment deed mother transfered the property in her name. The purpose was only to get her name mutuated in L & DO records not cheating third child as third child was minor and cannot relinquish his share.

Although third child is now major and no problem that mother has shown two childern only to get property in her name for the purpose of doing her name muttuated in govenment reords.Third child is willing to let his share Relinquish. In between mother has transfered some property also to some other party also. 

Now we have following queries:

1. Whether registered  Relinquishment deed by two major childern will be valid.

2. Whether other parties to whom property was transfered will have defected tiltle.

3. Whether is there is now requirement that the third child also relinquish his share. Whether this step would made others who have purchased property from mother have titile clear.

4. The other two childern who have relinquished their share can contest that they still have share in the property.

Thanks a lot for your support


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