No claim would stand if property transferred with family’s consent
My grandfather Anantharamaiah purchased a piece of land in 1975. He passed away in 1981, leaving behind a son (my father Sudarshanchar) and five daughters.
After my grandfather’s death, the land documents were transferred legally in my father’s name with the permission of the whole family.
In 2018, my father died. Following this, my brother, three sisters and I got the property documents transferred in my mother’s name.
It has been transferred from 1981 to 2021. However, now the sisters of my father have filed a civil suit in Bengaluru seeking a share in the property. What should we do now?
Based on the limited information provided by you, we understand that your grandfather Anantharamaiah had one son, Sudarshanchar, and five daughters. Sudarshanchar had two sons and three daughters and five sisters. The sisters of Sudarshanchar, who are all married, have filed a civil suit for their share in their father’s property from the heirs of their brother i.e. your mother, yourself, your brother and your sisters. We assume that the property at present stands in the name of your mother. Ideally, the name of your mother should have been mutated in respect of the lands only post 2018 and not since 1981.
In any case, the sisters cannot today claim any share in the property if the transfer in the name of Sudarshanchar was carried out by way of a valid registered document with the permission/no objection from the other family members evidenced through some document, which is preferably registered. However, needless to add that one can always approach a court of law to enforce his legal rights as one considers appropriate.
Aradhana Bhansali is partner, Rajani Associates.
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