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My friend’s mother owned a property along with her son which she sold when the son was a minor. On becoming a major the son challenged the sale and the court decided that the sale was improper. Subsequently the son died and his mother inherited the son’s share also since there was no other legal heir for the deceased. Whether the buyer can put forth his claim over the remaining half share of property acquired by the mother upon the death of her son?

- by Venkatraju, Mysore

As the suit filed by the son challenging the sale of his share by her mother has already been decreed in his favour, the contract originally entered or the sale deed executed to this extent does not survive and the purchaser cannot claim any right over this portion of the property under the earlier the sale deed executed by his mother during the deceased’s minority.

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These are all the legal questions answered by Advocate S.Selvakumar in various magazines, in various occasion including realestate reporter monthly.

QUESTIONS

Q:- We are three brothers and we have inherited the ancestral property situated in Chamrajpet, Bangalore. The original property was owned by my grandfather, which was, partitioned between his two sons, one being my father. The Partition Deed is registered. On the death of my father we three brothers, orally partitioned the partition. The portion deed is not in writing and not registered. But all the three have separate khatas and properties are assessed separately. Is it necessary to have the Partition Deed registered? We three brothers are in good terms with each other.

Q:- I had signed as witness to a Will of my friend, who expired recently. His legal heirs have approached the court and I have been summoned as a witness. I do not know the contents of the Will, but has seen my friend affixing his signature. Please advise what is my role?

Q:- I was brought up by my aunt (the sister of my father). She was a Government employee who had availed loan from her department to construct a house. The loan is repaid in full from her salary. Out of her love and affection; she has bequeathed her house to me by will, which is registered. She has two sons who have abandoned her and I am looking after her. My husband wants to add another floor to the said house for which my aunt has orally consented. Please advise; whether her sons can claim their shares in the house which is bequeathed to me? Whether my husband can add another floor to the existing house?           

Q:- Sir, I am a Hindu widow. I do not have children. I have inherited property from my father.Please inform who will succeed to my inherited property.

Q:- My friend, a bachelor, bought a bungalow and left for Amarnath on a pilgrimage. Before leaving, he handed over to me for safe custody among other thing his house documents and the bungalow keys. Unfortunately, he died in a landslide en route. He has no relatives or legal heirs nor has made any Will. I do not know what to do with his possessions.