India  |  Civil Rights Law

Legal Question

Asked on: 8/01/13, 5:42 am

The below question was posted some time back. But, there is a communicaiton gap in the question and thus i have added a small point on the balance 50% of the property in the question and re posted

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) his 50% share of HUF, thus making the son absolute owner of theentire property - in year 1985. Here the balance 50% is treated as share of the son "C" as another member of HUF with "B" as one member.

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

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