Legal Question in Real Estate Law in India

Legal heir of property after death of Karta

Sir, u have already answered my question but that is not clear...My case is that my brother in law (Hindu family from karnataka)was only son to his parents alogwith 03 married 2001 he lost his father..then he became all assets were transfered to his name..mutually with his sisters as partation deed...but the same was not registered at tahsil level.only at village level.. papers of agri land,house were amended but now after my brother in laws death due to brain cancer sisters filed case for their share in assets.the present land was bought by her father-in-law.(her father in law had not taken share from his anchestral land from his brothers).so now who can have share of property(my sister,her girl child,mother-in-law,her 03 sister in laws ? ) .is it advicable to fight the case or to compromise...

Asked on 10/13/08, 10:40 am

2 Answers from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

Re: Legal heir of property after death of Karta

Under Hindu Law, on death of Karta or coparcener, there is a notional partition and shares of of surviving members decided.

Most of the States had made amendment to Hindu Succession Act giving equal rights to daughters. You need to check Local Amendment to Hindu Succession Act, if any, made by Karnataka State. In case, there is such an amendment and under such amendment daughters are given share, then sisters of your brother in law would be entitled to a share.

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Answered on 10/14/08, 2:15 am

Sudershan Goel Sudershan Goel - Advocate, International Visiting Scholar, USA [2008-10]

Re: Legal heir of property after death of Karta

It will be better to compromise the matter out of court. The sisters are entitled to their share in father's property.

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Answered on 10/14/08, 6:54 am

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