ancestors property
manojkumar
(Querist) 02 March 2015
This query is : Resolved
Respect lawyers
My grandfather have several properties which is inherited by his father.
1. One acre two cents agricultural Land given by some kind of society
2. 77 cents agriculture land his self acquired properties
3. Four cents land
4. Eight cents land
5. Etc...
My grandfather died at 1990.
Before that my grandfather partitioned
Properties by notary, but there aren't registered.
In that properties my father signed without intimating my mother, I was 3 year boy (minor).
When I asked to relatives there are saying that ur mother signature won't necessary for that properties
Is it correct?
My grandfather have five Children
Four son's and one daughter
Last son is my father.
All of my grandfather properties or sold out without intimating my mother
My father died at 2002.
What should I do?
s k s k sarma
(Expert) 02 March 2015
unless without seeing the notarized partition deed it is not possible to give opinion. if it is oral partition subsequently it was reduced the deed or not has to verify. more over your father is having share in the ancestral property. for that share your family members are having equal share in it. your mother signature is also requires for the documents when other share holders sold the joint properties when you were minor as she has to sing as guardian of you. so it is one plus point for you so please verify the records and take steps in rightful direction for your share
DR.VEDULA GOPINATH
(Expert) 02 March 2015
Please give me partition deed.
You are eligible for your father share.
Since you are a minor at that time, your mother is your natural guardian.
Your mother signature (on your behalf when you were a child) is necessary.
You have a very strong case to get the property.
Please send me the partition deed.
dr vedula gopinath advocate high court
vgnath@gmail.com 09866013121
malipeddi jaggarao
(Expert) 02 March 2015
What do you mean by saying that "My grandfather have several properties which is inherited by his father.". Whether his father died intestate? Whether his father's properties are inherited or self-acquired?
Examples quoted by you 1. One acre two cents agricultural Land given by some kind of society
2. 77 cents agriculture land his self acquired properties
are not ancestral properties.
For remaining properties you have not given any details.
Unregistered notary will not convey any title to properties. However, it appears that it is a family arrangement under which all the 5 children of your grand father might have signed the partition deed.
Here questions are different. One is whether this partition deed which is only notarized and not registered is valid or not?
Second one is your father signed this partition deed without informing your mother and you were a minor at that time.
For first one the notary partition deed not valid. All the five children of your grand father have equal rights in the property. Whether your father has his 1/5th share or not is to be seen.
You father need not obtain the consent of your mother for dealing with the property during his life time. Your mother does not have any stake in that property. It is not clear whether your father sold away the property or not. If he has not sold away, your mother and all your brothers and sisters will have rights over that unsold property.
Rajendra K Goyal
(Expert) 02 March 2015
Consult a local lawyer and show him all the documents.
P. Venu
(Expert) 02 March 2015
When was the property sold - during your father's lifetime or after his death?
manojkumar
(Querist) 02 March 2015
Properties was sold when
my father is alive.
Sold properties details:
1. One acres two cents
2. 77 cents
But they sold without intimating my father
3. 4 cents land is sold in 2007.
This property was sold by First son and his wife.
I have this property nakal
In that documents there's no link document submitted
In that nakal they described, this properties has gift deed.
manojkumar
(Querist) 03 March 2015
My grandfather partitioned every property by notary.
But those are not registered.
Without registration they're sold properties.
Is there anyway to sold that type of without registered properties?
Lands or ancestors property
My grandfather inherited those property by his father.
Those properties are given under grama kantam at the period of 1936.
manojkumar
(Querist) 03 March 2015
My father is government employ and remaining two son or also government employees except second son of grandfather
My father signed because of his elder brother his is farmer, poor family.
In that consequences my father signed.
Is society lands are transferred?
T. Kalaiselvan, Advocate
(Expert) 04 March 2015
You are giving piece meal information in every post. As per the information furnished by you so far, i appears that the properties were properly acquired by the vendor (your uncle) and sold. In any event without seeing the papers or documents, it will not be possible to give a concrete opinion so better consult a local lawyer for his on the spot opinion.
Devajyoti Barman
(Expert) 06 March 2015
you better meet a local lawyer with all papers. Not all kinds of advice can be given on scant information.
