Legal Question in Real Estate Law in India
A pased away inestate with M his mother W his wife and S1 and S2 his sons. A bought some property from W's father and made it be transfered to W as gift from her father which A developed further.
after A passed away M the mother gaveup her share into W's pocession in understanding W will be head of the household and propertys will be passed onto her grand kids.
W managed propertys and monies , S1 and S2 had conflicts and S1 evicted S2 out of house at age of 13. later spend the family funds and sold some of the property.
W stayed as head and paid taxes as head including the property gifted to her by her father.
S2 now claims equal share in whatever is left as per agreement and understanding their grandmother made.
can S1 along with W refuse him equal share?
does this constitute HUF?
did W's propert in her name as gifted become joint property?.
s1 and s2 are more than 40 now. S2 recents that he has been abused . S1 recents he should be the only legal heir.
2 Answers from Attorneys
27.04.2012
Dear Sir / Madam,
If the mother M's transfer of property to deceased A's wife W as per written documentation clearly states that W is only the manager of A's property which will ultimately vest in the name of her grand children, both S1 and S2 have right to ownership of the property(ies) in the proportion to that specified by M. If M now wishes otherwise, she will have to override her earlier written documentation.
S1 remains liable to pay S2 his share on the property already sold by S1. Even both S1 and W jointly cannot refuse S2 of his share in the property.
Unless registered as an HUF and assessed as one, it cannot be implied to be an HUF.
You can mail me for further on-line legal advice at [email protected]
Regards,
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