My father has two wives. after 1 wife died my father married my mother as 2nd wife. There is a daughter for first wife and she is married. She has 5 children. she is widow . We are 2 sons and 3 daughters for my mother and all sons and daughters are married and have children. My father transferred his self property and my grandfather's some property to me and to my brother's name before he died. That time we were minor. And there is no gift deed and will, Simply he transferred his property to us (to me and my brother). My father and my mother are died on 2016. Now my father;s first wife's daughter has put case on court for her share and sent summons to all my sisters, to my brother and to me. What the case will happen I am physically handicapped and working in private company.
1. the property transferred to you and your brother when you were minors can be ratified and confirmed by me and you can claim ownership over the same
2. for the balance properties the daughter of first wife has a legal share being class 1 legal heir
1) how was transfer done ?
2) father ought to have execute gift deed for transfer of property in your name and that of your brother
3) if no gift deed executed you and your siblings all have equal share in property
Sir the property cannot be transferred like this only there has to be either gift deed or will or any transfer deed
No property transaction without valid registration is valid.
SO kindly clarify how was property transferred??
Further if there is no proof of family transfer or no family settlement she can claim the share you have to contest the matter before the court.
Dear Cleint,
Too your horror, without registered transfer (gift/settlement) deed or WILL (registered/not registered) ownership dose not transfer. It will distribute by 1/6th each.
Your sisters can release their share in you by registered release deed.
Hi, legally she has a legal claim over the ancestral property
1. If there was no gift deed or will then how did he 'simply' transfer the property? There has to be some instrument of transfer through which the transfer was made.
2. You need to answer my query before I can answer your question.
As per Hindu Law of Succession, self acquired property can be given to anybody by the owner through sale, gift, will etc. and none has right to claim it. If however, someone dies without making any transfer or will, every class I heir has equal right over it.
Hi sir, it’s very easy case nothing to worry just appoint an advocate for your case
See it was a self acquired property and sum was ancestral one and I want full details regarding the documents and other things and I can guide you properly... what are the ways you have to come out of it...!
Do call me for further details
Advocate at High Court of Karnataka
Dear Sir,
Nothing will happen. Just prolong the case. All properties appears to be self acquired properties. To fit into to the definition of ancestral property it must be inherited from the last 4 generations. Since the properties were transferred during his life time as such nothing can be done. The limitation to file partition suit is only 12 years as follows.
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LIMITATION 12 YEARS FOR FILING SUIT FOR PARTITION
ARTICLE 106 OF LIMITATION ACT
When suit for partition will become barred by limitation?
Article
106 of the Limitation Act provides for period of 12 years limitation for a
distributive share of the property of intestate against other person illegally
charged with the duty of distributing the estate. Time begins under Article 106
when the legacy and share becomes payable or deliverable. Under Article 110 of
schedule¬I of the Limitation Act, suit has to be filed within 12 years by a person
excluded from joint family property to enforce a right therein which time
commences when the exclusion becomes known to the plaintiff. Even if it is the
case of the plaintiff that he was deprived of property of the deceased father by
first defendant is concerned, Article¬106 of schedule¬I to the Limitation Act
would be attracted. Consent award was declared on 15th April 1986. Decree in
terms of consent award was passed in 1991 whereas suit is filed on 6th April
2011. Prayer (b) thus in my view is on the face of it barred by law of limitation.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO. 808 OF 2011
Naresh Lachmandas Aswani
V
Haridas alias Hardas Lachmandas
CORAM : R.D. DHANUKA, J.
Dated: 18th OCTOBER, 2013
Citation: 2016 (4) ALLMR 286
By an order dated 26th July, 2012 passed by this court, two issues
were framed under section 9A of the Code of Civil Procedure, 1908 in Notice of
Motion NO. 1157 of 2011. In view of the issues framed under section 9A of the
Code of Civil Procedure, 1908 to be tried as jurisdictional issue, both parties were
given opportunity to lead oral evidence on the jurisdictional issues framed by this
court. Learned counsel have addressed on those issues which are answered by
this court in the later part of the judgment.
ARTICLE 106 OF LIMITATION ACT MAY BE VIEWED online.
Your father's sister has all the right to get share in the ancestral property and the property left by her father without any will she can challenge the transfer of the properties in your father name and subsequently on your names you must find out some Grounds to contest the case otherwise the decision may go against you.
Hello,
If the case has been filed then you will have to appear before the court.
If the property has not bee transferred by means of any document and your father passed away without a will then she has a claim on the self acquired property of your father.
Get in touch with a local lawyer who may defend your case.
Regards
If your deceased father transferred the property to your names by a registered deed during his lifetime then it is valid and her partition suit may not be maintainable.
Whereas it appears that your father had orally transferred the properties to yor names, hence it is not valid.
Under the above circumstances the properties shall be divided into seven equal parts, she will be entitled nto one such share, therefore instead of stretching this legal battle endlessly, you may better suit and talk and arrive at an amicable solution so that you can avoid loss of time, money and energy
