• Widow (1933) property right India

Kailash singh had two sons, Rakshya singh and maharaj singh.Rakshya singh had one son kailash singh and Maharaj singh had one son paras singh.Kailash singh had no son and doughter and he died in 1933.His widow name Dalful kunwar(Respondent).Paras singh had one son Baijnath singh(plaintif).There is no sepration between them only some khata and plot were at the name of kailash singh during survey of1912 because enough lan at the name of one person declare BAKAST. Dalful kunwar(widow of 1933) gift some land(6acre) to her own brother(chandrika singh) in1967.Chandrika singh also sell some land about 4 acre to other in1968. 	Dist.coart order in 1977 in favor of Dlful kunwar showing the Mitakshra family and they were seprate.But in present, some khatas and plots are joint,there no sepration proof,rest 2 acre land of gift is in my positio.The case is pending in high coart since 1977.Dalful kunwar died in 2006. Her Dahsanskar and other work done by me. What is the legal right to Dalful kunwar.Is her gift is right? Please guid me.Thank you.
Asked 2 years ago in Property Law from Patna, Bihar
i suppose that you are her brother,if some thing is gifted to you by her and you have taken that ,then whats the isue
Rajeev Bari
Advocate, New Delhi
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Since no child was born out of the wedlock between Kailash Singh and Dalful Kunwar, the latter became the owner of properties owned by former during his life time. She gifted a portion of her land to her brother, who sold it further. In terms of sale the seller became the absolute owner of the land. 

The land that is joint can be divided by filing a suit for partition. Since the appeal is pending in High Court since 1977 you may request the Chief Justice of High Court to expedite the decision of appeal.
Ashish Davessar
Advocate, Jaipur
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yes she had right to gift
Rajeev Bari
Advocate, New Delhi
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District court has after appreciation of evidence passed order that Dalful Kunwar had right to gift land in favour of her brother .   since appeal is pending in HC for last 37 years request HC to expedite hearing and final disposal of the appeal . 

without going through the case  papers it would be difficult for us to say whether she had absolute right to gift the land . suit for partition can be filed for separating joint land
Ajay Sethi
Advocate, Mumbai
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Her gift is valid to the part of her share of property. Decision of her share of property is pending in court. Ask for help from your Advocate who is handling your case of partition for a clear view. Gift shall be subject to Judgment of the Court Case.
Sai Kiran R
Advocate, Bangalore
86 Answers
6 Consultations
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Your query has been answered. Don' post such terse questions to which no application of law can be made.
Ashish Davessar
Advocate, Jaipur
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449 Consultations
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query is resolved
Ajay Sethi
Advocate, Mumbai
23308 Answers
1220 Consultations
5.0 on 5.0
already replied
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0

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