• Women's rights

Gift deed  done on 1973 from sister to brother  in that .50 acres for his own use transfer right now and .55 acres  right transfer after her death because she had no children. brother died in year 1981 and sister died in year 2009. Now brother had one son and three daughters and also brother's wife live.After that deed no will written by brother.Now what's the rights of  brother's son , daughters and wife.
Asked 7 years ago in Civil Law

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10 Answers

1. The children if the birther in death f brother would get equal share along with their mother n respect of 50 acres.

2.In respect of 55 acres the sme would devolved in her class-II legal heirs except your father as he died before death of your aunt.

3. So if you mention how many legal heirs your aunt left then further advice can be given.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
497 Consultations

5.0 on 5.0

1. Since the brother died intestate his property (self acquired and inherited) has devolved through succession on his widow and children equally. The share of daughters is at par with that of sons.

2. Any one of the heirs is at liberty to file a suit for partition to cull out his/her share in the property.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1) as far as .50 acres of land is concerned on brother death the said land would devolve on his widow and 4 children

Ajay Sethi
Advocate, Mumbai
95198 Answers
7607 Consultations

5.0 on 5.0

Though the sister transferred the property by a registered gift deed in favor of her own brother and she survived his death, the condition was that the property shall be acquired by the beneficiary after her death.

Here, the property was already transferred to the beneficiary (brother) at the time of execution of gift deed.

Section 19 of transfer of property act clearly defines this situation which is reproduced below for your information:

19. Vested interest.—Where, on a transfer of property, an interest therein is created in favour of a person without specifying the time when it is to take effect, or in terms specifying that it is to take effect forthwith or on the happening of an event which must happen, such interest is vested, unless a contrary intention appears from the terms of the transfer. A vested interest is not defeated by the death of the transferee before he obtains possession. Explanation.—An intention that an interest shall not be vested is not to be inferred merely from a provision whereby the enjoyment thereof is postponed, or whereby a prior interest in the same property is given or reserved to some other person, or whereby income arising from the property is directed to be accumulated until the time of enjoyment arrives, or from a provision that if a particular event shall happen the interest shall pass to another person.

Thus, the legal heirs of the deceased brother (beneficiary) namely his wife and children shall be entitled to an equal share in the property as successors in interest.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

what's rights of women

Which woman are you talking about?

whether the deceased sister or the surviving wife of the deceased brother ?

The deceased sister is the transfer-or who had relinquished her rights on the date of execution of this registered deed.

The surviving wife of the deceased brother being a legal heir and one among the successors to her deceased husband's properties, shall be entitled to an equal and legitimate share out of the said properties as per law of succession.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

On demise of brother property would devolve on his wife and 4 children

2) grandson has no share in property during his parents lifetime

Ajay Sethi
Advocate, Mumbai
95198 Answers
7607 Consultations

5.0 on 5.0

Document speaks for itself

You cannot lead oral evidence contrary to documentary evidence on record

Ajay Sethi
Advocate, Mumbai
95198 Answers
7607 Consultations

5.0 on 5.0

Is oral evidence sufficient against civil lawsuit?.

Without documentary evidence or strong witness suporting the pleadings or plaintiffs, you cannot win a civil suit

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

if we will do for the benefit of deceased brother's grandson favour, what are the steps we will take.

File a partition suit seeking his share out of the entire properties including that are reported to have been sold erstwhile.

He is entitled to a legitimate share in the properties left behind by his grandfather to his children and through his decesed father's share.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

Yes,oral evidence is in many situations are considered to be more valuable than documentary evidence.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
497 Consultations

5.0 on 5.0

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