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  • Property issue of unmarried women


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    I'm here with a some issue of property between our mother side family . My grandparents that is my mother's parents having 6 children out of which 1 divorced male 1 unmarried female rest all 4 are married female. My grandmother got some land from her father that was gift deed to her unmarried daughter and for rest children, she gave some amount equally including divorced male ,this property was from ancestors. My grandparents took other 2 sight and it was also gift deed to unmarried lady. Later my grandparents died.Here come with problem is my mother took care of her mother, her unmarried sister and her divorced brother. My aunt that is my mother's sister is in favor of me and my brother i,e her wish is to give all her properties (movable and immovable property) from her parents to me and my brother also she made us as nominee in bank account. Here divorced male having a female child and other 3 married women also have children. My question is how to solve this problem as she wants all her properties to gift for me and my brother only not to include any person in this.She doesn't wish to give single rupee Or anything to others or there children. But all her sisters wish to have those property any all original is with them only they are not giving those documents. any problem in future if she gift deed now to me and my brother. Or if she write a will to us Any problem may occur in future from divorced male child or any other siblings children? Please Anyone guide us what has to done.
  • Answers

    5 Answers found.
  • Here the core point is that your aunt does not have the original prior documents.
    But if there is proper record in the sub registrar office about her portion and her own assets, then she can comfortably make a gift deed in your favour(whomever she wishes to gift) and it will be a valid transaction.

    She may be having the latest tax paid receipt of her properties. Using that she has to remit all up to date taxes and charges on those properties. Then she has to apply for a non-encumbrance certificate on the property from sub registrar office. for period starting before the date of transfer to her till this date. Then using those data she can apply for the certified copies of all those deeds mentioned in the EC.

    With the help of all these records and certified copies, she can make a valid gift deed and register it. In the deed it can be mentioned that the original prior deeds are in the possession of some others as the property is a divided portion from a common prior deed and hence it is not attached or handed over with this deed.

    An experienced document writer can take care of all this and can get many papers at one go also.

  • Unfortunately, your aunt doesn't not have a property record favouring her name and the same could be under the possession of other entitled members of the same. However, it would not be difficult for her to have the assets in her favour if she approaches sub registrar office asking their help in getting the papers, she can have it. She would require to fill up the tax challans favouring her name. Once that formalities are over, she can proceed for the gift deed in favour of your name or favouring anyone else to whom she would like to donate.
    In this connection, she would require a non encumbrance certificate to be issued by the sub registrar office for period starting before the date of transfer to her till this date. Then she can procure the certified copies of all the deeds present in the EC.
    On the strength of all these records she could make a gift deed to be registered subsequently.
    She has to make a declaration that the original copies of the deed are available with other members entitled to get their due shares.

  • 1. The property your aunt is having is acquired from her parents but not self-acquired
    2. As far as the rules are concerned, the property belonging to an unmarried lady will go to her parents after her death
    3. If her parents are not alive, all her siblings will become legal heirs to her property. Now as per your statement she is having 5 siblings. All of them will have right on her property. If any sibling dies, his/her legal heirs will become legal heirs also.
    4. Your grandfather has some property that he acquired from his ancestors. A portion of that property came to your aunt ( Unmarried). The property got from this can't be gifted to the people she wanted without taking the consent of her legal heirs.
    5. Your grandfather gifted two sites to your aunt. These sites are self-acquired by your grandfather. So they will be treated as self-acquired only in the case of your aunt also. So she can give them to any person/ /persons and no consent from the legal heirs is required.

    drrao
    always confident

  • Property cases are always a complicated thing because of inheritance of the property and distribution of property through deeds or wills. In this particular case your aunt is not having valid documents in favour of her property. It is also mentioned that the property documents whatever are there are not in her possesion and they are with others but others are not sharing it with her.
    If she is sure that in those property papers her interests are lying them she will have to go to court for getting a copy of those documents where her name is there for ownership of certain parts of the original property. She can get this resolved only through the court.
    Another thing is she can find out from the land registrar's office also about her official property and then go for the recovery of the documents from other party.
    Until the title of the property is not known that on whose name it rests there is no way to transact it in any manner like gifting or making a deed and things like that.
    What I understand that as it is a quite complex matter and so many stake holders and beneficiaries are there, it makes sense to consult a lawyer who can give some good practical legal advice in the matter.

    Knowledge is power.

  • There are different rule for transferring property. Some property are transferred from generation to generation. In this condition, all children are eligible for property. Whereas, some property is self acquired. In this situation, all depends on honour's own wish to whom give property. As mentioned above, your aunty is acquired property from her parents but not self-acquired. So, as per rules the property belonging to an unmarried women will go to her parents after her death. If her parents are not
    alive her sibling will be legal heir. Since she is having 5 sibling so, all will be legal heir. As told by you, she having some ancestral property so it can't be gifted to the people she wanted without taking the consent of her legal heirs. Self acquired property can be given to any person and no consent from the legal heirs is required.


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