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Author Topic: Property Matter  (Read 1022 times)

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Offline NSA

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Property Matter
« on: February 27, 2016, 01:12:30 AM »
There is a small property matter for which I am confused and looking for some legal help.

After 1947 partition,My grandfather (dadaji) along with his parents and siblings came to Lucknow from Pakistan(Multan) and bought a house.My great grandfather bought the property in the name of her wife i.e. My Great Grandmother(Grandfather's mother).The Registry is still in her name.My great grandfather died soon after.My great grand father had 5 children,2 daughters and 3 sons.The 2 daughters got married soon after,and the 3 sons took 3 different portions in the house for their families.My Great Grandmother too died in 1970.

Now there were 3 sons that were living in that house and slowly as their families progressed their sons started deserting that house for want of a nuclear family.

The description of the children of the 3 sons and 2 daughters of my Great Grandfather is given below.

S1 (eldest son):-2 daughters and 2 sons (1 son died in '96)
S2 (middle son)(my grandfather):-2 daughters and 2 sons.
S3 (youngest son):-2 sons.
D1 (elder daughter):-2 daughters and 2 sons.
D2 (younger daughter):-2 sons.

Out of these 5,the first 4 have died with S2 dying in '97 followed by S3 in '01,S1 in '08,D1 in '11,D2 is living.

The wives of all have also died except that of S3,S1's wife died in '88,S2's Wife in '10.
D1's husband also died in '14,D2's husband died in '02.

The house is deserted and only the wife of S3 still lives in her portion along with her 2 sons and their families and in another portion of the house one of the daughter in law of S1 (whose husband had died) lives along with her children.Our portion (S2's portion is locked since '08).

After so many years now these 2 families want to shift out of their house and want to sell it,now greedy as everyone is,everyone wants a piece of the cake.

All Children of S1,S2,S3,D1,D2 (Including daughters) want money in whatever share they get out of selling the house.All of them have died without writing any kind of Will.

I know it's a bit confusing but will surely appreciate if someone can tell me the legal status as to who will get the share in this kind of scenario.We as Sikhs come under the Hindu Succession Act and according to the amendment in 2005,daughters are equal shareholders in the property of her father if he is still alive on 9th September 2005 (as a recent judgement of the SC says).

But I also read somewhere that there is a difference between a Self Acquired Property and an inherited property and the rules for distribution are different.I am totally confused now.Some Legal Expert please help,Will be Appreciated.
« Last Edit: February 27, 2016, 01:16:43 AM by NSA »

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Property Matter
« on: February 27, 2016, 01:12:30 AM »


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