Property issue- property transferred under registered will, right of others

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This topic contains 2 replies, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 1 month, 3 weeks ago.

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  • #4598

    My name is Rajkumar, my father’s name is late RAMAKRISHNACHARI and my son name is Nitish.
    My father had a self earned property when he was alive, he made a registered WILL of his property on my name in the year 2000. My father expired in the year 2001. After my father’s death the property was transferred to my name according to the registered will and paying tax regularly.
    Myself and and my son not living together, my son Nitish without my knowledge in the year 2004 filed a case ie original suit to get half share in my property, and made me ex-party and somehow managed to get ex-party decree in the year 2001 . I did get summons for this OS case.
    After a gap of 11 years ie in the year 2015 Nitish filed an FDP(FINAL DECREE PARTITION) case on me to get separate possession.
    When I received the summons of FDP case I got shocked finally I went to legal advice and filed miscellaneous case from my side to set aside the case.
    Now the questions are
    1. Does my son Nitish have anY rights on my property because I’m alive and got this property from my father through registered will.
    2.Will the court set aside this FDP case.
    Kindly help along with related citations, reference books or websites with respect to SC and HC
    -RAJKUMAR, 9916835203,BENGALURU, karva taka.

  • #4599

    *… And made me ex-party and somehow managed to get ex-party decree in the year 2005. I did “NOT” get any summons for this OS case….

  • #4601

    A similar question has already been asked by you at the link: Property issue – right of grandson when property transferred to son due to registered will. Please do not ask repeated questions separately. If there is a supplementary question, ask in the same question link.

    Anyway, on the basis of the facts mentioned by you, in my opinion, your son cannot demand a share if the property was validly transferred to you under a registered will.

    However, please check on what grounds your son has challenged it and sought a share in the property. He might either be asking on the ground that it was HUF joint property (not being self-earned property of your father, but an ancestral property) or he might be suspecting a fraud in the will or the transfer of property to you, or may be something else.

    It would be advisable for you to show all relevant documents to some local lawyer and get proper guidance. In particular, you should show to the local lawyer, the grounds on which your son has filed a case because I am suspecting that he would have taken some grounds which are not consistent with the facts mentioned by you.

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

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