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Father promised to transfer property but died before that
02-Jul-2023 (In Property Law)
My wife has 1 sis and 1 bro. My fil has distributed property like this. 10 acres to my wifes sis,15 acres to my bil, 4 acres to my wife and 7 acres kept with himself only. But by mouth my fil promissed my wife 2 more acres in his 7 acres afterwords. Unfortunately my fil died in 2012. Now my bil is refusing to give 2 acres. He is saying my fil has debts. I feel that as my fil gave much property to my bil, debts clearance is his reapinsibility. me and my wife even ready to share the debts also according to the ratio of distributed property but v want the promised 2 acres. V r hindus.
Sir,
1. In the instance , since your fil promised orally give 2 acres but unfortunately unable to transfer the same , now it is difficulty to prove that the oral promises.
2. in absence of the will/legal document , in the balance 7 acres all the legal heir's can claim share , accordingly better settle the issue with in the family.
1. In the instance , since your fil promised orally give 2 acres but unfortunately unable to transfer the same , now it is difficulty to prove that the oral promises.
2. in absence of the will/legal document , in the balance 7 acres all the legal heir's can claim share , accordingly better settle the issue with in the family.
Helpful?
18+
18+
Adv. Krishna Murthy Pasupula
Hyderabad | 100+ Answers
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Hi
first we need to know how your father in law, distributed the property. was it by a registered partition/gift deed?
if there is no registered partition/ gift deed, then the whole of the property is open for partition.
now with reference to the remaining property of your father in law, the 7 acres will need to be divided equally between your wife and her siblings. so technically your wife will get 2 acres plus.
for the debts, your brother in law should bear the responsibilities and your wife's sister and your wife may volunteer to come forward to share the responsibility in accordance to the shares obtained at the time of partition(because they got a major share of the property and hence they are liable). However the debt should not be cleared from the 7 acres of land as it will be harmful to your wife as she will have the double jeopardy(less share of property in first instance and higher outgo for debt repayment that too from her share in 7 acres).
hope this helps. Law is on your side. so be confident.
first we need to know how your father in law, distributed the property. was it by a registered partition/gift deed?
if there is no registered partition/ gift deed, then the whole of the property is open for partition.
now with reference to the remaining property of your father in law, the 7 acres will need to be divided equally between your wife and her siblings. so technically your wife will get 2 acres plus.
for the debts, your brother in law should bear the responsibilities and your wife's sister and your wife may volunteer to come forward to share the responsibility in accordance to the shares obtained at the time of partition(because they got a major share of the property and hence they are liable). However the debt should not be cleared from the 7 acres of land as it will be harmful to your wife as she will have the double jeopardy(less share of property in first instance and higher outgo for debt repayment that too from her share in 7 acres).
hope this helps. Law is on your side. so be confident.
Helpful?
16+
16+
Adv. Rajagopalan
Hyderabad | 500+ Answers
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SIR
You can prove the ORAL PROMISE in the court of law by adducing personal evidence
from those persons who heard about the promise made by your fil. The burden of proof
lies upon you to prove the fact.
Instead of that there is a solution for you
Your wife can file partition suit against her sister and brother for her father's entire property
not only this land but against all the immovable and movable properties he had.
What about your mil? If she is alive then make her party. In the above all circumstances you will
get your share of minimum 9 acres.
Thanks and Regards
You can prove the ORAL PROMISE in the court of law by adducing personal evidence
from those persons who heard about the promise made by your fil. The burden of proof
lies upon you to prove the fact.
Instead of that there is a solution for you
Your wife can file partition suit against her sister and brother for her father's entire property
not only this land but against all the immovable and movable properties he had.
What about your mil? If she is alive then make her party. In the above all circumstances you will
get your share of minimum 9 acres.
Thanks and Regards
Helpful?
21+
21+
Adv. Sree K Sivakumar
Hyderabad | 100+ Answers
CONTACT NOW
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