Ancestral property
sanjay agarwal
(Querist) 30 June 2013
This query is : Resolved
my name is abhinav my grandfather has 1000sq plot after his nd his wifes death property holder was my father and after my father mothers death v r 2 brothrs nd 1 sister v appplied for mutation in municipal office and my sister wrote on 10rs stamp paper that she has no problem with mutation in 2009...and v got the mutation done jan 2011 i sold sum part of my property but then my sister suited a case file on me and on my brother and he has also sold sum part of his property...sir please advice me that whether my sister is egilible for her share after mutation...????
prabhakar singh
(Expert) 01 July 2013
Simply because your sister consented to municipal mutation in name of you two brothers can not be construed that she relinquished her share title and interest she had in the property.The modus operandi of a relinquishment is a REGISTERED DEED.
To me her right is still intact.
malipeddi jaggarao
(Expert) 01 July 2013
Agreed with expert Prabhakar singh. Had a talk with your sister and settle the issue amicably.
basavaraj shiromani
(Expert) 01 July 2013
Yes your sister is entitle to get her legitimat share as there is no valid document wich should be compulsorily registred. Try to settle the matter as the expert Malipeddi told
Raj Kumar Makkad
(Expert) 01 July 2013
Your sister provided NOC to you both brothers and practically relinquished her right in the property but the process adopted was not legal hence her suit is valid and you should defend it on the ground of her own act and conduct.
Sanjay K.Dhar
(Expert) 01 July 2013
Your sister has a legal right in the ancestral property since she is governed by Hindu succession law, so she cannot be denied her legal right top the extent of her share.
prabhakar singh
(Expert) 01 July 2013
What does sir Sanjay K.Dhar means by his expression "in the ancestral property "with reference to this short of a query?
Sanjay K.Dhar
(Expert) 02 July 2013
Sir,Since Mr.Abhinav in his query has made reference to the property initially owned by his grandfather and then acquired by his father, as such the property in question has assumed the character of "Ancestral Property" and right to such property is governed as per Hindu Succession Law and sisters or daughters cannot be denied the right in the said property.
prabhakar singh
(Expert) 02 July 2013
You are right .It is me who overlooked the word "grandfather"
venkatesh Rao
(Expert) 26 July 2013
Accepting the mistake is the greatness of Prabhakar Sing ji.
