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Author Topic: Legally who is having rights?  (Read 912 times)

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Offline get_sundari

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Legally who is having rights?
« on: August 11, 2015, 04:54:30 AM »
Dear Sir/Madam,

General Query:

If a person has received a piece of land from his/her father/mother through a settlement deed and constructed an house through his/her own earnings then

1. what rights do he/she posses in that property legally?

2. Does he/she has the right to sell the property?

3. Whether he/she has to take concurrence from their childrens since it is an ancestor property.

-----------------------

I have 4 brothers. My grandmother purchased a land and later she settled this property to my mother through a settlement deed. My mother took loan and constructed the house.

10 years before without telling us my mother has settled this house to my youngest brother. Now my younger brother is saying it is HIS property and he is the owner.

We came to know this matter recently. My mother is still live and now she has realised that she has made a mistake and wanted to correct and divide it equally to all 5 of us.

Since it is an ancestor property and my mother has received the above mentioned property through her mother,

seek expert advise from your end and grateful if you can provide your response individually to the queries mentioned below instead of giving a consolidated response

1. Can my mother make settlement to only one son directly? Is it legally valid?

2. Myself and other 3 brothers, do we have legal rights now to claim share in this property? If so, what is your advise?.

3. If a case has to be filed, whether it should be against my brother or mother?

Thanks for your response in advance

Offline advmisthi

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Re: Legally who is having rights?
« Reply #1 on: August 11, 2015, 07:11:22 AM »
If the property is in your name than fine. You can do whatever with it including sell it.
Adv.Misthi Mukherjee
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Offline get_sundari

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Re: Legally who is having rights?
« Reply #2 on: August 12, 2015, 12:13:06 AM »
Madam,
Thanks for your response.

But when i consulted an Advocate today he said, if it is not self earned property by my mother and even the settlement has been made to my mother by my grandmother, my mother cannot become the owner of the property.

He said my mother can only enjoy thr property but doesn't have rights to sell the property even if she has constructed an house on her own.

If my mother has to sell the property then she hast to take the concurrence / sginature from her childrens as they are the legal heirs and gand chidrens are having full rights in the ancestor property.

In your response it is mentioned " If the property is in your name than fine. You can do whatever with it including sell it."

The view which i got from my advocate and the one which you have mentioned  are contradicting.

Can you kinldy clarrify and advise accordingly which is legally correct.


Offline adv.amarnath

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Re: Legally who is having rights?
« Reply #3 on: August 16, 2015, 03:51:11 PM »
Answer to the Query no. 1
No, Deed of Settlement cannot be made in a single person favour. There must be some other person.So, I dont think there is any validity of that purported deed until I see the documents in softcopy or hardcopy.

Answer to Query no. 2
If the property is in your mother's name and she is still alive then you cannot claim on that property till her death.

Answer to Query no. 3
Question does not arise at all when you have no right to your mother's property.


Above all answer is based on the statements and queries put by you. Proper suggestions can only be given after verifying the documents, deed and titles of the property. You can contact me over email or phone for further discussion and clarification

Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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