Advocate Shabuddin B S

Questions Answered by Advocate Shabuddin B S

Q: Can father sell self acquired property without consent of son and daughter ?

The father has signed a sales agreement to sell the house to a third party by taking three fourth of the purchase amount from the third party, however the son's and the daughter's consent was not taken for the sale. Now can the son or the daughter object to the sale of the house as both are major before the sale's deed is signed by the father to the third party. More over the house is not an ancestral property and the father is the sole owner of the house. can father sell property without consent of son and daughter ?

Advocate Shabuddin B S answered
your father has all the rights to dispose it off by himself.As property is self acquired he can deal with it in any manner without your consent. You or ur sister are not required to sign at the time of registration of document.if you are ur sister contributed anything to the family fund and if that fund used by your father to buy this property you and your sister have right to claim . or if your father brought this proeprty by selling any ancestral property then also you can fail case. we have another way but you have to contact lawyer

Q: In case of death of sole petitioner do family member become legal heir

Sir I wanted to know that in my case there is death of sole petitioner and can their family members become legal heirs ?

Advocate Shabuddin B S answered
First you have clear what kind of case it's because in criminal case no legal heirs will come in picture. So in some cases of civil legal heirs will can do only ignition suits legal heirs will not applied.

Q: 72 year old uncle wants to adopt 48 year old nephew how to proceed

My uncle who is 72 years old & widower without any children. Now he like to adopt his nephew who is 48 years old & supporting his living. Is it allowed as per law? Is his adopted son can inherit the property after his death, which was allotted to his wife & transferred to his name after her death. His concern if any relative may create problem to nephew in spite of having a will his name.

Advocate Shabuddin B S answered
Yes your uncle can adopt. But as you said his nephew age is around 48 hope if his married he can take his wife concern and also his children's concerns also it clearly define in section 5 to 16 of Hindu adoption act .

Q: Transfer of property from married sister to brother

I need your valuable advice on the transfer of an agriculture land which is in the name of my sister who is married (property stood in her name long before she got married). I want to know what the best way to transfer without spending much. Note: the property is situated in Bangalore North.

Advocate Shabuddin B S answered
She can transfer her property to you by gift deed, it cost you around 10k. If she is your own sister ( blood related) gift deed give same value as its a absolute sale deed. In some cases even GPA also can do

Q: Property dispute owners grandson claiming it

Hi I am a resident of Bangalore Bommanahalli, I bought a property from Mr Ahmed, 7 years back, Mr Ahmed had done the registration from the land lord Mr Muniyappa to his name, and later I got it registered from Mr ahmed to my name. Now Mr Muniyappa's grand son are threatening me that this property belongs to their ancestors and asking me to do the re-registeration and pay them 50k, I have paid the Katha (Property Tax) up to date, Do I need to do the re-registeration? Please suggest.

Advocate Shabuddin B S answered
Hi,No need to pay anything to any one, kindly come to my office with all papers which u have with u. Once I go through then only we can suggests something. As per law if Mr.Muniyappa and his family members come to give a trublw u immediately react on this.