Legal Question in Civil Litigation in Maryland

hello, i am from india,,,

here is a property of a female , which she brought it when she was 16 years old, since a minor

represented by her gaurdian father in the sale dead. she passed of when she was 20years without a intestate ( will )

having not married and not having any issues.

now i am buying this property so who should execute the sale dead ?

she was having an elderly sister and an younger sister, now both married -( the younger one with a muslim boy)

also father and mother.

now father tells that he along with mother mother can only execute the sale dead,, ( since they are not in taking terms with the younger daughter married to muslim boy)

is only father and mother are sufficient or do we need the other two daughters to jointly execute the sale dead.

i am having this doubt because

Section 15. General rules of succession in the case of female Hindus.-

(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in Section 16,-

(a) Firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;

(b) Secondly, upon the heirs of the husband ;

(c) Thirdly, upon the mother and father;

(d) Fourthly, upon the heirs of the father; and

(e) Lastly, upon the heirs of the mother .

(2) Notwithstanding anything contained in Sub-Section (1), -

(a) Any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-Section (1) in the order specified therein, but upon the heirs of the father; and

(b) Any property inherited by a female Hindu from her husband or from her father-in-law shall devolve, in the absence of any son or daughter of the deceased (including the children of any predeceased son or daughter) not upon the other heirs referred to in sub-Section (1) in the order specified therein, but upon the heirs of the husband

does this case falls under general rules of section 15 or under sub-section (1) a.

thanking you, wating for an early response.

with regards,

Dr.Ravi.S


Asked on 10/22/10, 7:07 am

1 Answer from Attorneys
Phillip M. Cook Cook Legal Services, LLC

If the mother and father are both still alive, it would have been impossible for the daughter to "inherit" the property from either of them and fall under Section 15(1)(a). You can only "inherit" property when someone dies.

In order to be 100% sure of who owns the property and therefore needs to sign the deed, a Maryland real estate attorney would need to need review the daughter's "vesting deed" (the deed that vested her with ownership of the property). A title review wouldn't be a bad idea either.

If you would like my assistance, please feel free to contact me privately using the information provided through the LawGuru website. Best of luck.

*******The above is for informational purposes and does not create an attorney-client privilege. An attorney-client privilege is formed only by you and me fully executing a Contract for Legal Services which outlines our respective rights and obligations related.*******

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Answered on 10/27/10, 11:29 am


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