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Bharath Ron (Private Job)     22 June 2023

Property transferred to my father by my grandfather when my father was minor 1953.

Hello All,

I need some advices on one of the property which is in my father's name.

My grandfather had transferred one of his property in my father's name when my father was minor in the year 1953. Now after my father's demise i am trying to get it transferred in my name now my cousigns ( father's brother's children) are claiming a share . Can some one please guide me in this regards ?

 

Thanks in advance 

Bharath S Ron



Learning

 8 Replies

Shashi Dhara   22 June 2023

Deny don't give any share fight in civil court .

Real Soul.... (LEGAL)     22 June 2023

If the Property was ancestral and was not owned by your grandfather then certainly he had no right to transfer the property other than his share.

But if the property was owned by your grandfather and he lawfully transferred the  share in your father’s name when he was minor then you need not to pay any attention, let them go to court and you just has to prove that the property was rightly transferred by your grandfather in your father’s name and you are in peaceful possession since then.

Advocate Bhartesh goyal (advocate)     22 June 2023

Since your father had transferred his own  property to you in 1953 and since then your father's  demise your cousin has not raised any objection and now they can't  claim any share  or raise any objection 

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     22 June 2023

If the deceased leaves a will behind, the property is divided according to that. If no will has been left behind, then the applicable law of succession will determine if the grandson will have a right on grandfather's property.You can file a suit with the submission of succession certificate 

1 Like

Shashi Dhara   22 June 2023

Hindu succession act came into force in 1956 , transaction has been made in 1953 so it is not applicable  ,your father and his successors are real owners ,proceed ,deny their allegations .

P. Venu (Advocate)     22 June 2023

Who is in possession/occupation of the property?

What is the ground on which they are claiming the share?

Bharath Ron (Private Job)     22 June 2023

Hello Sir,

As my father was minor when my grand father registered this property in his name based on this, they are claiming that this property should be divided amongst all 

 

P. Venu (Advocate)     22 June 2023

Who is in possession/occupation? You are yet to inform.


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