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Property Issue

Please let us know does he exactly having authority to sell that house?
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Do we have any chance to re gain that house ?
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Offline arjun0116

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Property issue
« on: March 30, 2016, 06:49:06 AM »
HI All,

Bellow is the query from one of my friend.
 
Nearly 20 years ago my Dad and grandfather has given one house as a gift to my aunty(own sister of my father) and mention one condition in the bond paper as house has given for staying purpose not for selling,
1 year back my aunty has registered same house to his son under gift registration.
Now issue is the person who has registered on his name, he is trying to sell house other person. But we are stopping that.

Please let us know does he exactly having authority to sell that house?
Do we have any chance to re gain that house ?

Please advice me above query

Regards,
Ajay

Offline adv.amarnath

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Re: Property issue
« Reply #1 on: March 30, 2016, 08:22:12 AM »
Without going through the contents of Deed of Gift by your grandfather and father to your aunt, it is not possible for any good advocate to answer your reply. All will be on the basis of assumption.

For further consultation in details you can contact me.
Regards,

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

Offline rajgopal sripathi

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Re: Property issue
« Reply #2 on: March 30, 2016, 09:32:45 PM »
Hi
As pointed out by Adv. Amarnath, your query is slightly confusing.
On one hand,you are saying Gift and also saying that the Gift is for staying and not sell. That is contradictory.
So we need to see the entire wording of Gift.

Hindu Succession Law is as follows:

Under Section 14(1) of The Hindu Succession Act, 1956, the Act has abolished the Hindu women’s limited estate and confers on the women the absolute ownership over all her property acquired by her.as per Section 14 of the act:

Property of a female Hindu to be her absolute property are as follows:

(1) Any property possessed by a Female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner.

Explanation: In this sub-section, “property” includes both movable and immovable property acquired by a female Hindu by inheritance or devise, or at a partition, or in lieu of maintenance or arrears of maintenance, or by gift from any person, whether a relative or not, before, at or after her marriage, or by her own skill or exertion, or by purchase or by prescription, or in any other manner whatsoever, and also any such property held by her as streedhan immediately before the commencement of this Act.

(2) Nothing contained in sub-section (1) shall apply to any property acquired by way of gift or under a will or any other instrument or under a decree or order of a civil court or under an award where the terms of the gift, will or other instrument or the decree, order or award prescribe a restricted estate in such property.
Rajgopal Sripathi
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email:rajgopal@legalwin.in

Offline arjun0116

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Re: Property issue
« Reply #3 on: March 31, 2016, 06:07:06 AM »
Thanks Rajgopal for your replay,

The section 14(1) is bit confusion to me.

Our parents has given property to aunt as gift, after her husband death, mentioned condition on bond paper as  house given to her for staying purpose only not for sell to any one,and they just written condition on bond paper not even registered house on her name

Now below are my querys
1. Aunt/Aunt's son really having authority to sell the house to other persons? before or after aunt's death
2. What action we need to take from our side to regain that property?

could you please clarify above query's

Regards,
Arjun

Offline adv.amarnath

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Re: Property issue
« Reply #4 on: April 01, 2016, 06:24:57 PM »
Hello Mister,

We told you without seeing the Deed of Gift it is not possible to clear your queries. Mr.Rajgopal Advocate has extracted the Section 14 of the Hindu Succession Act which will creates more confusing to the layman. As many lawyers are still confuse with the provision of Hindu Succession Act. Many people do not know that who are the heirs of a male. Even confused who are heirs and legal representatives!! Most of lawyers says Legal Heir whereas it will be only heirs. Legal representatives are separate persons who are not heir of a deceased.
Regards,

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

Offline murugesan

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Re: Property issue
« Reply #5 on: April 01, 2016, 09:20:32 PM »
Dear sir .
            My grandfather buy a land of 3acers form two brothers before twenty years  i mention the brothers as A&B. In  the two brothers  A has two sons and two daughter and the B has two sons .in the document everybody  signed expect the one of the B's sons not signed in the document .now that B's son asking a share from my grandfather claiming that he has right to have share on the  land saying that he's not signed in the document .he is asking share from the land and threating as that he is going to send the notice from court and going to file a case against my grand father  but we buy the land before twenty years expect him(the person asking for share from my grand father)every body in the brothers family signed in the document ....give idea to solve the probelm wether he has right to ask a share from my grand father......

Offline murugesan

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Re: Property issue
« Reply #6 on: April 02, 2016, 09:18:50 AM »
Dear sir .
            My grandfather buy a land of 3acers form two brothers before twenty years  i mention the brothers as A&B. In  the two brothers  A has two sons and two daughter and the B has two sons .in the document everybody  signed expect the one of the B's sons not signed in the document .now that B's son asking a share from my grandfather claiming that he has right to have share on the  land saying that he's not signed in the document .he is asking share from the land and threating as that he is going to send the notice from court and going to file a case against my grand father  but we buy the land before twenty years expect him(the person asking for share from my grand father)every body in the brothers family signed in the document ....give idea to solve the probelm wether he has right to ask a share from my grand father....

Offline adv.amarnath

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Re: Property issue
« Reply #7 on: April 02, 2016, 09:22:49 AM »
your english is poor so, i cannot understand what you want to say.
Regards,

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

Offline murugesan

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Re: Property issue
« Reply #8 on: April 02, 2016, 09:32:22 AM »
My grand father buy a land of 3 acers  before twenty year from raj ....raj has two son one of his son not signed in document at time he was in foreign .....but now he try to claim a share from my grand father saying that he is not signed in the document ........how to solve this ........pls try to understand this by ur assumption &vthis is my level of english

Offline adv.amarnath

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Re: Property issue
« Reply #9 on: April 02, 2016, 09:55:30 AM »
First I do not advice on the basis of assumption. Fool person does. Who was the absolute owner? Raj or Raj along with his two sons?

If Raj was sole owner then his neither sons can claim but if Raj and his sons were joint owners and Raj and one of his son had sold the entire property to your grandfather, the Raj's son who has not signed has right, title and interest.
Regards,

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

 

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