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How to divide the property of my father
28-May-2023 (In Property Law)
A couple A and B hve 2 sons X and Y. X has 4 daughters and 1 son who is MR. Y has purchased a land in 1966 and has a daughter who is missing frm 40 yrs. So this land is sold by one of the X daughter's husband claiming that he had taken care of the deceased Y. Now one of the daughter of X claims possesion of this land. Is this valid
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If I understand clearly, A has two sons, X and Y. Y purchased a land in 1966. Y's daughter has been missing for nearly 40 years. X has 4 daughters and one son. After the demise of Y, one among the 4 of X's daughter's husband (let us call him "Z") sells the property of Y. The question therefore is does Z have a right to sell the property of Y.
Unless Z has a will from Y bequeathing the property to Z, or a gift deed from Y to Z, or a sale deed from Y to Z, Z does not have the right to sell the property of Y, even if Z took care of Y during his lifetime.
After demise of Y, his property shall be inherited as follows:
1. Property goes to Y's wife.
2. If Y's wife is also dead, then the property goes to the father of Y, and if Y's father, i.e., A had died, then the entire property goes to X, as he is the Class II heir of Y.
Based on the foregoing, Z does not have the right to sell Y's property under any circumstance, therefore, if one of X's daughter is occupying Y's property, which in fact belongs to X now, she is in possession of her father's property, which is entirely legal.
If I understand clearly, A has two sons, X and Y. Y purchased a land in 1966. Y's daughter has been missing for nearly 40 years. X has 4 daughters and one son. After the demise of Y, one among the 4 of X's daughter's husband (let us call him "Z") sells the property of Y. The question therefore is does Z have a right to sell the property of Y.
Unless Z has a will from Y bequeathing the property to Z, or a gift deed from Y to Z, or a sale deed from Y to Z, Z does not have the right to sell the property of Y, even if Z took care of Y during his lifetime.
After demise of Y, his property shall be inherited as follows:
1. Property goes to Y's wife.
2. If Y's wife is also dead, then the property goes to the father of Y, and if Y's father, i.e., A had died, then the entire property goes to X, as he is the Class II heir of Y.
Based on the foregoing, Z does not have the right to sell Y's property under any circumstance, therefore, if one of X's daughter is occupying Y's property, which in fact belongs to X now, she is in possession of her father's property, which is entirely legal.
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Adv. Vijay Belavadi
Bangalore | 100+ Answers
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