Guidance regarding transfer of Land.
3 years ago
SIR, I am a resident of District Solan ( Himachal Pradesh). I would like to seek the guidance of your good self regarding transfer of Land. Mr. Twaariya had got two sons namely Buddhu & Kakhoo. Both were married but Buddhu have got two wives namely KASHMIRU & DEVKI. The marriage of both the wives taken place before 1955. After the death of Buddhu i.e. on 1962 , the share of Buddhu was transferred to his widow’s namely Kashmiru & Devki equally. The property of Buddhu was ancestral property. Both the widows were issueless, whereas Mr. Kakhoo have five sons. After the death of one widow namely Kashmiru on 1981, her entire share was transferred in the name of Devki, whereas no deed/ no will/ or any gift instrument was registered by Kashmiru in favour of Devki. I seek the guidance from some people who narrated that the share of issueless widow can not be transferred to issueless widow. It will be reverted back (to Mr. Twaariya & thereafter to sons of Kakhoo ). It is further added that the Khata is common (joint) of entire family as partition have not been sort by any shareholder.Devki expired on 2009. Before death Smt. Devki registered will in favour of one person namely RAM CHAND (3rd Party, No Legal Heir).
Following Queries are placed :
1.) Is the transfer of share of Kashmiru was valid !?
2.) Whether Devki can register will of her own & Kashmiru's share ?!
3.) Whether the share of kashmiru was required to be transferred to the legal heir of the husband as there is no legal relation between Kashmiru & Devki ?!
1. Yes, this would be a valid transfer.
2. Yes, she can. However, in this case, the property is ancestral and as such, it cannot be done without the consent of all legal heirs.
3. No, this is not necessary. However, the husband's legal heirs can claim it on Devki's expiry.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
As it was a joint khata, Devki had no authority to transfer her share without the consent of all legal heirs.
1. Yes, this would be valid as they were the sole legal heirs of that share.
2. She can, but not if it was commonly owned ancestral property.
3. It would have had to go to either Devki or Kakhoo.
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