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BRIJESH KUMAR GANGWAR (AUDITOR)     31 March 2020

Property share

Dear Sir,

I have two queries related to property -

1. My grand father (maternal) has 4 brothers and they have total of 50 bighas of land (10 bigha each). He has only two daughters Ram Devi (my mother) and Munni Devi (my maasi). They are basically from Khudganj (Shahjahanpur) but after many years of marriage of my mother all her family members sold all their property of Khudaganj (Shahjahanpur) and purchased 40 Bighas in Village Mandra Suman Tehsil Bisalpur Distt. Pilibhit about 40 years ago. But they have not given my mother her share in that property. The property on Highway and the total cost of my mother's share approx. 80 lacs.

Ques. Can we claim now her share in that property? 

2. We have purchased a 100 sq. yards. Constructed house in 2002 in Bareilly (U.P.). At the time of purchase we were living jointly and all the incomes and expenses were shared jointly. He is working in a bank. For the purpose he was taken a home loan in his name. For the security of the said loan I have signed blank stamp papers in his favour. In current time the market value of that house is approx 40 lacs.

Ques. I wish to know can I claim any share in that house, as he has taken the loan in his name and paid instalments from his salary?



Learning

 4 Replies

Real Soul.... (LEGAL)     31 March 2020

if the property is purchased in the name of your grandfather then you can calim share from that,just isue legal Notice for settlement of acccounts (income) and partition of property then you have to calim property share by way of a civil suit

BRIJESH KUMAR GANGWAR (AUDITOR)     01 April 2020

I don't have any idea, in whose name the new property purchased?

Real Soul.... (LEGAL)     01 April 2020

Better to get the information first.

Adv Vinay Mathur + 8447131770 (Advocate)     01 April 2020

legal heirs of the original owner are barred by law as per the provisions of the Limitation Act  if more than 12 years have passed for immovable property.

you may file RTI to know the owner of new flat from Authorities.

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