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Author Topic: Property  (Read 158 times)

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Offline sunilkumar

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Property
« on: August 22, 2016, 06:09:14 AM »
My father died 2 years ago with a registered will. He gave 50% share to my mother, 10% to my son, 10% to sister and 30% to other brother in his residential property(self earned). I was not given any share in the property. Now my mother wants to sell the property and wants to distribute the sale proceedings as per her wish.

What is the procedure for this process to not to have any trouble as she doesn't want to give money to my ex-wife.
my brother and sister have no objection from this arrangement.

Offline rajgopal sripathi

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Re: Property
« Reply #1 on: August 22, 2016, 07:00:23 AM »
Hi
According to Section 14 of Hindu succession Act, a property in possession of a woman is her absolute property and she can deal with the property in any which manner so desired by her.
Your mother can sell her share of property to whomsoever she wishes.
As a guardian of your son, you can sign the sale deed along with your mother, brother and sister.
The challenge is if your son is staying with your ex-wife, then she can challenge the sale as a guardian and next friend of the minor son.
So the best option would be to keep the 10% share of the sale proceeds in a bank fixed deposit in the name of the son.
Even if your ex-wife goes to court, you can always showcase the Fixed deposit in the name of the son and get her legal claim nullified.
Another option would be to go to court and take court permission by stating that 10% of sale proceeds will be kept in bank fixed deposit in the name of son and then go ahead of the sale.
Better to go with option 1 wherein you sign the sale deed, park the 10% of sale proceeds in the name of the son and if challenged in court produce the fixed deposit as proof.
Hope this helps.
Rajgopal Sripathi
Mobile:9704772200
email:rajgopal@legalwin.in

Offline adv.amarnath

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Re: Property
« Reply #2 on: August 28, 2016, 12:57:59 AM »
To make it more simple, your father left WILL. Now WILL has no legal effect until it has been probate. So, if Probate of WILL is not being applied before competent court, then you can suppress it and tear it away. Therefore, present scenario will be: You, your siblings and your mother will be deemed to be owner of the property left by your father. Now, you all can sell out the same without any harassment or legal complication.

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

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

 

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