Legal Question in Civil Rights Law in India

1. Property self aquired by a person - say "A"

2. "A" wills the property in favor of his only adopted son "B" -in year 1951.

3. "A" dies in the year 1952 - (Prior to enactment of Hindu Sucesssion Act).

4. "B" acquires the property by way of will.

5. "B" has one son ("C") and two daughters ("D" & "E").

6. "B" sells part of property in the year 1977 to meet marriage expense of daughter - "D".

7. "B" Register a will in favour of son for balance property in 1983.

8. "B" Sells 50% of the property to his son for valuable consideration through bank loan obtained by his son.

9. Treating this property as HUF "B" execute a "RELEASE DEED" as above in item 8 - in favour of son (for consideration obtained) , thus making the son absolute owner of the balance property - year 1985.

10. Son "C" transfer the property in government records, obtains patta and starts paying taxes from then on.

11. Son "C" perform marriage of daughter "E" - year 1990.

Son "C" still hold the property and paying taxes , since past 28 years.

"B" dies in the year 2012.

Does the daughters have any right to claim any share in the property?

What is the protection or compensation to son for having spent on the marriage of daughters and maintenance of parents for 30 years?

Please help to analye this situation and provide appopriate answers with specific reference to the acts.

Thanks and Regards

Asked on 8/01/13, 5:04 am

2 Answers from Attorneys

Sudershan Goel Sudershan Goel - Advocate, International Visiting Scholar, USA [2008-10]
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It appears you have a prima facie good case. However, final decision may depend on many factors, including drafting of pleadings, production of appropriate evidence in court and finally presentation of the case before the court at the time of final hearing.

As such, there is nothing to worry for you.

All the best,

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8/01/13, 5:27 am
Fca Prashant Chavan Expert Edge LLP
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01.08.2013

Dear Sir / Madam,

In 1983, if in points 8 and 9 of the query, "B" has only transferred 50% of the property to son "C" for financial consideration, the balance 50% of "B"s property is still available with "C" as the executor and the beneficiary of "B"s Will, for which "C" will need to obtain a Probate from the Court, to transfer the title of the remaining 50% to "B"s name. The Court will issue summons to legal heirs "D" and "E" to remain present for their statement in the Court, and only thereafter will the Court issue the Probate. At that time, there is a distinct possibility of both daughters objecting to the Probate issued in your sole individual name. In the event of this likely scenario, "C" should approach the Court with an open mind and be willing to equally divide (1/3rd share) the balance property amongst all the three siblings of "B", and "C'" should tell sister "E" to adjust the amount spent by "C" for her marriage from the consideration. (Reply No. 5-August, 2013).

Regards,

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8/01/13, 5:35 am

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