Advocate Ashraf Ali

Questions Answered by Advocate Ashraf Ali

Q: Revoking of settlement of house property by the executor

Can a Mother revoke / cancel her gift settlement documents , executed her house property( got thro' settlement from her brother-their family property) to one of his sons ( to one out of 5 children)by gift settlement. She settled the property without getting consent of other children. Hindu religion.

Advocate Ashraf Ali answered
First of all, there is no need to get consent from other children for settling her property among one son. Also cancellation of settlement deed is possible based on the conditions mentioned. If irrevocable settlement, then explore other options

Q: Can son's wife claim rights over his property if he passes away

Father gives his flat through settlement deed to mother. Mother passes away without will. Ownership of the flat goes to father and two sons at 1/3 each. What if one of the sons pass away before the father. Does the deceased son's wife get 1/3 share?

Advocate Ashraf Ali answered
Definely wife and children if any, will get a share in the property even if it is jointly owned. But, share will vary according to Muslim law and Hindu succession Act and again father will get a share in sons property if son pre deceases.

Q: Person having possession of property for 20 years claims ownership

A person lives in other's place(registered)...and pays house tax ,EB bill and other taxes in his name for about 20 years.... And then gets a patta for the land in his name... Is it legal?....Can the patta be challenged?or cancelled?

Advocate Ashraf Ali answered
Nobody can take possession of others property by occupation and by paying tax. But in your case, it is bit confusing as how can the occupant pay tax in his name if the property is in your name and no details about rent.

Q: Can gift be made to 2 out of 7 sons from ancestral property

i iave 7 sons and can i make a gift to 2 sons from ancestral property

Advocate Ashraf Ali answered
Ancestral property can be divided equally by all legal heirs. Gifting to two sons out of 7 will end up in legal complications at a later stage unless all 5 relinquish their right of share in favour of 2.

Q: Property sold by father without permission during minor years

My age is 38 now can I get back my minor property sold by my father without my permission

Advocate Ashraf Ali answered
It is possible if the said property is sold by your father in the capacity of being your guardian without obtaining a court permission and the sale consideration not used for your benefit. Also ensure genuine buyer is not penalised