My father in law had 3 sons and two daughters. he died in 1996.my two brother in laws approached court in 2010 for partitions of their property.third brother in law and his two sisters never approached court.the two sisters are my wife and her elder sister.both are married.t he Court partitioned the property into 16 parts and devided among 3brothers and my mother in law who is alive. Now my third brother in law is not claiming his share of property and refused to claim his share.Now who can claim This unclaimed property of my third brother in law from below parties.
1) My Two elder brother in laws.
2) My mother in law.
3) Two sisters (my wife and her elder sister)
Please let me know your opinion according to the provisions of the act.
Asked in Family Law from Srikakulam, Andhra Pradesh
1) were the 2 daughters party to the suit proceedings?
2) were they allotted their share ?
3) if third brother in law is not claiming share he can execute gift deed in favour of other family members
4) in alternative he can execute relinquishment deed to relinquish his share in property
5) his share would not be given to other family members unless he executes gift deed or relinquishment deed
The court gave the judgment in August 2016.The parties obtained the reliant documents in September 2016.My wife and her elder sister did not approached court for their share and they didn't get any share.My younger brother in law is refusing to claim his share inspire of court summons.in fact he refused the court summons all the time during the court proceedings and never attended to the court.in his absence the court gave it's final verdict in 2016September.As there's a Govt act regarding unclaimed properties and benami properties we would like to know the effect of the New act coming into force.Kindly reply me.
Asked 5 months ago
1) benami transaction act would not be applicable in your case
2) it would apply wherein property is purchased in name of other person out of funds given by real owner
3) in such a case property can be confiscated and accused sentenced to impriosnment .
4) in your case if brother in law is not taking his share seek necessary clarification from the court .
5) place the case on board for speaking to minutes of order . mention that brother in law has declined to take his share and to pass appropriate orders for his share of property
1. None can claim his share during his lifetime except if he executes a relinquishment/release deed in respect of his share.
2. During his lifetime he can claim the property at anytime. Nobody can claim any right, title or interest in the property during his lifetime.
The Benami Transaction Prohibition Act has no application to your case as the property is not benami by an stretch of the imagination.