Ancestral Property transfered to brother's wife

5 years ago

Suppose A, B and C are brothers with two sisters D and E of a Hindu Undivided Family who are all legal heirs. There is a ancestral property currently being used by only B which is also shared by A's children as A has died. D and E got married and gave up their share. Now B transfers this property ( legally or illegally without the consent of any brothers/ sisters) to his wife's name. Can C still claim that ancestral property? If yes, what is the legal procedure to do so? If division happens in court, will the sisters get their share too even if they don't claim it?

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ROBERT D ROZARIO

Responded 5 years ago

A.file a civil suit for cancellation of the transfer deed (gift deed) along with a partition suit. As per the HSA all legal heirs are entitled to get equal share in ancestral property. D & E are also entitled to get equal share in the property unless they have executed a Relinquishment deed in favour of anyone of the brother.

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Deepak Yashwantrao Bade

Responded 5 years ago

A.Dear client i agreed with advocate manjula.its proper resolution for your query. Apart from this all legal heirs brother or sister are eligble and entitle to get share into property.

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Prabhakara S K Shetty

Responded 5 years ago

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A.If that property is in Bangalore or surroundings I will do that, send me your e mail id.

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Rameshwar Dadhe

Responded 5 years ago

A.By advocate Rameshwor dadhe dear sir all brother's and sisters have equal right to the property.

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Manjula Shanmugasundaram

Responded 5 years ago

A.First, the settlement or gift deed in favour of B's wife is required to be declared as null and void and then partition can be sought for. C can file a suit for that. D and E will have to be impleaded unless they have executed registered release deeds in favour of the brothers after the demise of the parents. D and E can release their rights even after the suit is filed.

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