Legal Question in Real Estate Law in India
right on sold property
i am 52 year old widow with two daughters both married in the year 1997 and 2002.i have sold 5 acres of land belonging to my deceased husband without the knowledge of my children to one Mr.kiran in 2006 who later sold the land to Mr.ravi sharma. now my daughters want a share in that land.sir/madam, could you please advise me on whose name should my daughters should file the case to get their share. do they have to put a case on Mr.kiran or Mr.ravi sharma(present land owner in possession)
5 Answers from Attorneys
Re: right on sold property
Your daughters would be required to file a case against you, person to whom you sold i.e. Mr.Kiran and subsequent purchaser i.e. Mr.Ravi.
Re: right on sold property
in case your husband died intestate, you alongwith your two daughters became the lawful owner of the land in question unless the state in which your land was situtated excluded the daughters
Re: right on sold property
you have not mentioned whether your husband had died intestate or with a will in your favour. the claim has to be from you and not from the subsequent purchasers.
Re: right on sold property
Its depend upon the relief they seek from court. Nevertheless, it is to be seen that if your husband had executed any will or not? If there is will then picture might be different.
Re: right on sold property
Madam you alongwith your two daughters by operation of law inherited in equal shares the properties of your husband. your daughters may file a suit against Mr Kiran to whom you have sold the properties of your husband without the consent, knowldge and authority of your daughters impleading you and Mr. Ravi Sharma for possession and declaration of sale deed as null and void. For further you may contact me or any lawyer
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