File suit to set aside transfer of property in name of your siblings and for division of property by metes and bounds
2) take the plea that sisters have equal share in property
3) seek injunction restraining sale of property by siblings
Succession in case of flat on Collector land
My grandfather bought a flat in 1974 which was on a collector land He died in 2005 and subsequently society transferred it in name of my grandmother. She also died in 2017. They are survived by 5 children, of which 3 daughters and 2 sons. Both sons without knowledge of their sisters went to collector office and got their names registered as members. The collector office did not seek any legal documents from sisters like relinquishment of rights, etc and took the brothers as members on their records. Based on this order the society also took the brothers as owners on their records. The sisters want their legal share in the property. What are the legal options in front of them?
Asked 3 years ago in Property Law
Religion: Hindu
6 Answers
After judgment in case of Veenta Jain by SC daughters have equal right in ancestral property with sons. Challenge the order of collector and grant of ownership to sons with NOC from daughters in District Court after giving notice of all including society and collector.
The sisters will have to file a suit to declare them as co owners of the flat with the brothers
The sisters will have to claim 60% undivided share, 20% each sister
When did the sisters first learn about transfer to the name of the brothers ?
The limitation aspect needs to be considered since the cause of action to file a suit would begin when the sisters first got knowledge that they have been excluded
It also needs to be ascertained on what basis the collector transferred the flat. Was any application submitted to him? Were any documents annexed to that application? So the collector has to be called upon to produce those documents on basis of which he transferred the flat, by filing a RTI application
In order to get over the bar of limitation you can use the above. You can say it's only upon receiving documents from the collector's office did the sisters first learn about the illegal transfer (this is assuming that the collector even replies to the RTI application and that there were documents submitted to him for the transfer)
Who is in possession of the flat ?
The daughters who have been deprived of their rights in the property can file a suit for partition and claim their share in the property with separate possession of their legitimate share in it, and if it is indivisible then the court may bring the property to auction sale and divide the sale proceeds among the shareholders.
Therefore the option before them is to file a suit for partition.
Such taking on record doesn't give succession rights. The sisters can file petition for letter of administration in HC
Dear Client,
You can file a Partition and Succession suit in a competent court to get your rightful share in the property.
