Legal Question in Real Estate Law in India

My maternal aunt lived for some 25 hears in new York USA. On a long term visa she's currently residing in Chandigarh India. She returned in 2006. While she was staying in USA, she provided financial support to her mother who was a widow. She sent money through western money . but later on she opened a joint account with her mother in new York. Thus, her mother had access to the money in the account, therefore making it easy for her. Later in some years my aunt bought a land measuring 5 acres in the state of Punjab. As she was a USA citizen, she named the property on her mothers name. The complete money was hers. Her mother was totally Dependant on her. When they returned in 2006, her mother stayed with her all the time though she had a son here in Chandigarh. Her son was and is unemployed. Her mother names the property on her sons name and the son got the property which my aunt paid for penny by penny. Now the aunt has filed a lawsuit against her brother for the possession of the 5 acres. He is taking defense regarding the authenticity of her properties in USA and in Chandigarh. Please help what can be the strongest point which can be introduced.


Asked on 10/06/14, 9:38 am

1 Answer from Attorneys
Bhagwat Patil

As sec 14 hindu succession act give absolute right to woman to dispose anyway......14. Property of a female Hindu to be her absolute property.�

(1) Any property possessed by a female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner. tc "14. Property of a female Hindu to be her absolute property.�(1) Any property possessed by a female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner." Explanation.�In this sub-section, �property� includes both movable and immovable property acquired by a female Hindu by inheritance or devise, or at a partition, or in lieu of maintenance or arrears of maintenance, or by gift from any person, whether a relative or not, before, at or after her marriage, or by her own skill or exertion, or by purchase or by prescription, or in any other manner whatsoever, and also any such property held by her as stridhana immediately before the commencement of this Act. tc "Explanation.�In this sub-section, �property� includes both movable and immovable property acquired by a female Hindu by inheritance or devise, or at a partition, or in lieu of maintenance or arrears of maintenance, or by gift from any person, whether a relative or not, before, at or after her marriage, or by her own skill or exertion, or by purchase or by prescription, or in any other manner whatsoever, and also any such property held by her as stridhana immediately before the commencement of this Act."

(2) Nothing contained in sub-section (1) shall apply to any property acquired by way of gift or under a will or any other instrument or under a decree or order of a civil court or under an award where the terms of the gift, will or other instrument or the decree, order or award prescribe a restricted estate in such property. tc "(2) Nothing contained in sub-section (1) shall apply to any property acquired by way of gift or under a will or any other instrument or under a decree or order of a civil court or under an award where the terms of the gift, will or other instrument or the decree, order or award prescribe a restricted estate in such property."

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Answered on 10/06/14, 9:42 pm


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