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JOINT PROPERTY RELATED
3 months ago
SIR MY QUESTION IS- MY FATHER AND HER YOUNGER SISTER IS THE JOINT PROPERTY OWNER OF A HOUSE AS PER THE WILL MADE BY THE GRANDFATHER. HER SISTER IS NOT MARRIED AND DOES NOT HAVE ANY CHILDREN. AS PER THE WILL MADE AFTER THE DEATH OF SISTER THE WHOLE PROPERTY COMES TO MY FATHER. GRANDFATHER HAS GIVEN A FRONT HOUSE FOR HER DAUGHTER AND BACK HOUSE FOR MY FATHER. RECENTLY MY FATHER HAS BEEN EXPIRED . NOW MY QUESTION IS THAT CAN SISTER TRANSFER THE PROPERTY TO ANY PERSON
A.Dear Client,
In case your father passes away without leaving any will, then all the surviving legal heirs of his family are entitled to an equal share in the said property. The Sister of your father cannot transfer your deceased father's share in a joint property save and except her own share. The demise of the co-owner does not confer the title of the property to another co-owner. So in the given situation, to obtain an equal share in the said property, you being a legal heir/copercener, have to file a civil suit for a declaration under Sec.34 of the Specific Relief Act, 1963 before the competent Civil Court seeking an injunction under Order 39 Rule 1 & 2 CPC read with Section 151 of CPC requesting the Court to exercise its inherent power to do justice. Additionally, you have to file a suit for partition under Sec.54 of CPC before the Civil Court praying for a decree of partition of the said property. In case you need our expert service, feel free to contact our legal team or avail of our paid consultation service to navigate the issue in the right way.
In case your father passes away without leaving any will, then all the surviving legal heirs of his family are entitled to an equal share in the said property. The Sister of your father cannot transfer your deceased father's share in a joint property save and except her own share. The demise of the co-owner does not confer the title of the property to another co-owner. So in the given situation, to obtain an equal share in the said property, you being a legal heir/copercener, have to file a civil suit for a declaration under Sec.34 of the Specific Relief Act, 1963 before the competent Civil Court seeking an injunction under Order 39 Rule 1 & 2 CPC read with Section 151 of CPC requesting the Court to exercise its inherent power to do justice. Additionally, you have to file a suit for partition under Sec.54 of CPC before the Civil Court praying for a decree of partition of the said property. In case you need our expert service, feel free to contact our legal team or avail of our paid consultation service to navigate the issue in the right way.
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