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Seema (None)     21 September 2012

Can i still claim a right in our ancestral property?

 

My name is Seema, I am 45 years old. I have 3 brothers and 1 sister. Our grandfather left for us an ancestral property whose currently value is around Rs.6 crores. As per the law, all 7 of us (5 siblings and my parents) have equal right in this property since our grandfather didn't make any legal settlement during his life. 

 

My parents and the eldest brother, X with his family, lives in that house and have there commercial setup on the ground floor of the same building.

 

My father is biased towards X. In the past he had taken the rest of the 3 siblings to court and made them transfer their right in favour of X as they were in need for urgent money

 

 

Around 5 years back, when I was in urgent need of cash for my family problems, my father gave me Rs. 50000 and took my signature on a Rs. 100 stamp paper that I have taken my part from my grandfather's property and I am not entitled for more money(with my husband as a witness). I am transfering my rest of the amount to X's son. NOTE THAT I DID NOT GO TO A ANY COURT FOR THIS. HE JUST CALLED ME AND MY HUASBAND TO HIS HOUSE AND MADE US SIGN ON THIS STAMP PAPER.

 

Can I, in any possible way apeal in court and demand for my share? ( Rs. 85 lacs approx.)

 

If yes, what are my chances of winning and the amount you think court will transfer to us?

 

Please note that my family's curent financial position is very poor. Thank You.



Learning

 8 Replies

bhagwat patil (Property due diligence 9422773303)     21 September 2012

TO SEEMA as long as your father is alive you have hypothetical share in property,you cannot enforce it but you have,secondly the ROR must be showing your father"s name over it.he cannot dispose without ur concent.after his demise you can apply to authorities for including ur name on property,as you have not relinquished ur right by registered document.You may not get exact share but a good bite in cake.

bhagwat patil (Property due diligence 9422773303)     21 September 2012

TO SUDHAKAR ur pict.is nt clear more narration is needed,first of all u enter ur name at ROR.

A.SUMATHY 9380902017 (LAWYER)     21 September 2012

if your father not executed settlement in favour X you have entitle.

Dont worry that Rs.100 stamp paper endorsement is not valid.

A.SUMATHY 9380902017 (LAWYER)     21 September 2012

first of all legalheir certificate not required for selling that property.

Seema (None)     21 September 2012

Thanks a lot Mr. Patil. Could you please give me an idea approximately how much I can get? I'm asking this question because right now my father is ready to give me Rs. 10 lacs if I agree to go to court with him.

Should I take this from him and be contended or wait till I can appeal, as property rates in Delhi increases at very high rates.

Seema (None)     22 September 2012

@mr. Patil 

I asked on another source, I got this reply. Could you please comment on this:-

It is stated that the property in question was not the self acquired property of the grandfather but ancestral in nature. In such circumstance all the members of the Hindu family have right in the said property by birth including the daughters of the family

The question will be has the daughter relinquished her right in the said property by signing a piece of paper (Non-Judicial Stamp Paper Rs100/-) or not, for relinquishing ones right in an immovable property duly registered deed of relinquishment has to be there, which in this case doesn't exist, the agreement not to ask for ones share as you state has to be duly signed & witnessed in the presence of the sub-registrar and not notary public that it may be in this case, the daughter in question can seek her share in the property by asking for partition of the ancestral family property.

bhagwat patil (Property due diligence 9422773303)     23 September 2012

In our legal system it will take decades together for fetching your right.you will get about 80 lacs hypothecally now and actually they r ready to pay 10 lcs actually, you can nagociate in family meeting and increase the amount,it will keep goos relation with ur family.u are now 45 in next 10/20 years your daughter in laws will come in picture, ur son his wife may not be interested infighting your half legal battle with their funds for hypothetical monetary benefit. Better u consult your son,daughter weather they are interested in legal fight which involve lot of funds ,time,passions,and emotional torches.My advice is not to go in court of law against father and brothers better compromise with sizable amount,invest it in vacant property where you will get price rise in future.

Seema (None)     23 September 2012

Thank You very much Mr. Patil. Please clear one last doubt :-

Some people say if I appeal, the court will issue an order to seal their commercial setup on ground floor and basement until a decision is announced. IS THIS RIGHT? If this happens, all of their sources of incomes will completely be blocked.

I myself was never in favour of all this. But the response of my father and brother towards me and my family forced me to take this decision. They don't speak to me and ask me to leave if I go there. 15 years back, my husband sold his only shop because they asked him for money to setup their business when they were completely unemployed. They now humiliate us and keep saying to everyone that my daugters will get married only because of them.

Right now we live in a rented house, my children had to stop studying and work in a call center to support us as my husband suffered from heart attack and diabetes and is now unemployed. 2 years back I even asked them to buy us a house worth Rs. 12 lacs and I'll relinquish my right so that I don't have to pay rent and my children can resume studying, get good job and fund their own marriages, but they refused.

Its not mine, but my daughters decision. They aer ready to get married in a low budget but want me to get my right, no matter how much time it takes. 


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