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sivanganesh (Manager-purchase)     21 June 2013

Ancestral property

1)      My family was a joint family  and my father has three bros. and all  had HUF status for I.T.Purpose

2)      The properties earned by them are ancestral  properties

3)      My father and his Bros. had partition during 2003

4)      From that partition my father had properties

5)      For my father  Two Male & one female children

6)      During 2005 we had problem in our family and I was separated from my family

7)      After that during 2006 my father  made a family partition arrangement ( un registered ) and out of compulsion and family situation I was forced to sign the same and in that my father holds 90 % of the properties and he said that he will  transfer other properties after some time. By heart he doesn’t want to give any property  due to misunderstanding between my self and my father.

So I waited and frequently asked my father to transfer my portion correctly

During  the end of 2006 my father executed a registered settlement deed in favour of myself and my minor son 50-50 ratio one property  & minor daughter a property ( a portion of the ancestral property)  referring the above family partition agreement in that settlement deed.

8)      In the mean time during 2008 my father expired

9)      So I am asking with my mother as immediate legal heir about the property and she is not answering properly

10)    Now 10 days back I came to know that my father  during 2007 ( before his death ) made a settlement deed ( Registered )of all properties holded by my father  in favour of my bros. & sister without my knowledge

11)   Now  can I file a suit against them to recover my portion of property if so to whom I have to claim & is there any time frame to file suit

12)   Kindly help me in this regard since I am much worried  due to cheating of my family members

 

13)   Can I file any other suit for early recovery or can I get court order like injunction to stop the sale or transfer our family property which is now in the enjoyment of my bros.and which are given as settlement deed by my father 



Learning

 1 Replies

Advocate Rohit (Advocate)     25 June 2013

since it is an ancestral property. it needs to be divided among the legal heirs and your father has no right to divide a per his whims and fancy. you may challenge the same before the district court and pray for interim relief for injunction against your brother and sister and mother.

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai


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