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Suresh (ao)     08 January 2012

Property

EARLIER PROPERTY EXISTS IN THE NAME OF THE GRANDMOTHER WHICH WAS SELFACQUIRED IN 1962. LATER MY GRANDMOTHER HAD WRITTEN A WILL IN 2002 TO MY FATHER(ONLY SON) WHICH WAS

HAVING FULL RIGHTS TO OWN/USE AT HIS FREEDOM.  LATER MY GRANDMOTHER EXPIRED IN DEC'2004. MY FATHER HAS 1 SON (MYSELF)  AND 4 DAUGHTERS (2 MARRIED AND 2 MAJORS

UNMARRIED). MY FATHER HAD PROMISED(ORALLY) THAT THE PROPERTY BELONGS TO ME. MY PARENTS ARE STILL ALIVE.

DUE TO MY JOB, I HAD TO BE IN A DIFFERENT PLACE. NOW MY SISTERS(ALL 4 ) HAVE ARE TRYING TO GET THE PROPERTY REGISTERED ON THEIR NAME.

1. CAN I HAVE ANY RIGHT ON THE PROPERTY?
2. DOES MY FATHER HAVE THE RIGHT TO SELL THE PROPERTY WITHOUT THE CONSENT/SIGNATURES OF ANYONE/CHILDREN.
3. CAN I/MY SISTERS CLAIM A SHARE ON THE PROPERTY AS IT IS MY GRANDMOTHER SELFACQUIRED PROPERTY
4. CAN MY FATHER WRITE A WILL TO ANYBODY OF HIS LIKE(AS HE HAS FULL RIGHTS NOW)??.
5. IF THE PROPERTY CAN BE GIVEN TO ME (AS PROMISED) WITHOUT ANY SISTERS CONSENT/SIGNATURES, HOW SHOULD IT DONE(SALEDEED/GIFTDEED/ETC) SO THAT TO AVOID UNNECESSARY

LEGAL ISSUES. SHOULD I NEED ANY CONSENT/SIGNATURES FROM SISTERS/BROTHERINLAWS/THEIR KIDS/ETC.
6. IF GIVEN A WILLL/GIFT DEED TO ME, CAN IT BE CANCELLED/MODIFIED LATER BY MY FATHER WITHOUT MY KNOWLEDGE
7. IF SISTERS CONSENT/SIGNATURES ARE REQUIRED, HOW IT SHOULD BE(AFFIDIVIT/WITNESS/ETC.)
8. WHETHER THE SELFACQUIRED PROPERTY OF GRANDMOTHER IS CONSIDERED AS A ANCESTRAL PROPERTY

KINDLY GUIDE ME IN THIS REGARD
 



Learning

 1 Replies

sruthi (advocate)     08 January 2012

1. CAN I HAVE ANY RIGHT ON THE PROPERTY? 2. DOES MY FATHER HAVE THE RIGHT TO SELL THE PROPERTY WITHOUT THE CONSENT/SIGNATURES OF ANYONE/CHILDREN.

to answer these qus we have to gothrough the will to find out whethere it says anything about legalhiers of your father

3. CAN I/MY SISTERS CLAIM A SHARE ON THE PROPERTY AS IT IS MY GRANDMOTHER SELFACQUIRED PROPERTY

you and your sis are claim according to the rights given to legalhiers of your father in the above said will. if no rights no claim

4. CAN MY FATHER WRITE A WILL TO ANYBODY OF HIS LIKE(AS HE HAS FULL RIGHTS NOW)??.

if nothing written about legalhiers in will then YES

5. IF THE PROPERTY CAN BE GIVEN TO ME (AS PROMISED) WITHOUT ANY SISTERS CONSENT/SIGNATURES, HOW SHOULD IT DONE(SALEDEED/GIFTDEED/ETC) SO THAT TO AVOID UNNECESSARY LEGAL ISSUES. SHOULD I NEED ANY CONSENT/SIGNATURES FROM SISTERS/BROTHERINLAWS/THEIR KIDS/ETC.

you get release deed from your sis

6. IF GIVEN A WILLL/GIFT DEED TO ME, CAN IT BE CANCELLED/MODIFIED LATER BY MY FATHER WITHOUT MY KNOWLEDGE

NO. write the deed properly and put all clauses

7. IF SISTERS CONSENT/SIGNATURES ARE REQUIRED, HOW IT SHOULD BE(AFFIDIVIT/WITNESS/ETC.)

release deed

8. WHETHER THE SELFACQUIRED PROPERTY OF GRANDMOTHER IS CONSIDERED AS A ANCESTRAL PROPERTY

yes. it is ansestral


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