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Amit Chakraborty (Executive)     01 May 2012

Rr property

I am a refugee from East Pakistan. My father expired on March, 1983. In 1994 Govt. of WB gifted a piece of land (3.63 katha) to my mother as a head of the refugee family. We are four brothers and now three sisters. My elder brother has got the land as a refugee from the Govt. of WB. My second 2nd elder brother has got his own house to a neighbouring place. My mother in 2007 gifted 2/3 of the land to me and my one unmarried ailing sister and 1/3 of land kept aside for my younger brother.I have done mutation and accordingly I am paying Municipal Tax for my part. Last year my mother also expired. My 2nd elder brother has gone to the Court for contesting the legality of gift deed. His version is as a Karta my mother has no right to gift the land in my name. In the Junior Court he has got a Decree. Now the case is in 2nd Sub-Judge court. My question is - My mother has done anything wrong and the gift deed which was done in my favour is legally correct ? Please give me your opinion as per R&R Laws. A Chakraborty E-mail : pintoo.chakraborty@gmail.com


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 1 Replies

Bhuneshwari Devi (Advocate)     01 May 2012

Sir

As per Hindu law amendment related to the property of women.Women now has absolute right over her property now and she can do whatever she want with the property.Karta law is not applicable to them.More so amendment is in the nature of retrospective that means it apply to the action before the amendment.

Adv Bhuneshwari Devi www.jaipuriar.com


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