In 1972,there is a agricultural land which was jointly owned by person named A(aged 60) and his son B(aged 5).
From 1972 to 2003 , this land was used by A and B only for agrictularal needs.
This land is purchased by us in 2003, through registered sale deed signed by both A and B.In 2003, B had one daugther who was only 6 years old.
Now, B's daughter is a major and B is saying that he will move to court to get the property share for his daugther, since its her grand-fathers property.
Note:
The Land is self acquired property of A. Hence, we claimed that, since it is A's self acquired property, it is not possible to win over the case.
We also said that, since both A and B have signed the document and is registred, it is illegal to even ask property share for B's daughter.
1. Kindly let us know your suggestions how to move this, if they go to court for next steps?
2. Is B's daughter sign required during the purchase of this land in 2003, even though she was a minor that time?
A.Dear Client,
As you are mentioning that the land is the self-acquired property of A, he becomes an absolute owner of his share of property, therefore he has full rights to sell his own property, his sale of property without the consent of his children is very much valid in the eyes of law.
Therefore no case to recover the sold property is maintainable nor tenable under the Hindu Succession Act
Dear Client,
A property when left by the deceased owner intestate i.e, without any will, is devolved upon the surviving legal heirs in equal share following the law of inheritance/succession. After t...
Dear Client,
The death certificate of a deceased person is a crucial document that is mandatorily required for the issue of a legal heir certificate either by the Municipal Authority or to apply for a...
Dear client,
If the seller of the property is not now in India, he can still execute a POA abroad, but the process is slightly different. His first step is to visit the Indian Embassy or Consulate in...
Dear Sir,
If there is perpetual restraint from selling the land then the grandson cannot sell without the permission from the Deputy Commissioner. The conditions in the Darkasth to be read.
Dear Sir,
Yes, the mutation will be taken place as jointly in respect of your respective wives. You have to produce certified copies of both the Gift Deeds.
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