Married daughter right in ancestral land
Querist :
Anonymous
(Querist) 11 September 2020
This query is : Resolved
Hello Experts,
We are resident of Gurgaon and a Hindu Family
MY maternal Grandfather is having some acres of ancestral Land.
MY maternal GRANDFATHER IS ALWAYS RUDE TO MY MOM and give everything to my MAMA.
In 2014, He started transferring the Land in the name of my MAMA , when my mother resisted he cut off all the connection with my mother.
Then my maternal grandfather didn't transfer the Land but Executed a registered will to transfer all the ancestral property to son after his death.
Then she went to a Lawyer, The lawyer told my mother to file a suit for a declaration and simple injunction. She filed the case but the case got dismissed after 4 years in 2018.
The reason for dismissal was " Mere suit for declaration without possession is not maintainable".
Then she didn't appealed and now it is 2020.
Now I insisted my Mother to at least talk to lawyers,
One lawyer told me that ONLY suit for partition is maintainable so now again file a suit for partition and possession, losing a case for suit for declaration doesn't mean anything in right of a daughter in Parent's ancestral property.
One Lawyer is saying that again the appeal has to be filed but in High court for declaration only.
One Lawyer is saying that losing a case of declaration does not mean anything for a daughter and after the death of my maternal grandfather, we can get the land transfer in our name so no need to file any case.
We don't have any legal knowledge, SO PLEASE EXPERTS GUIDE ME WHAT IS RIGHT APPROACH AND HOW SHOULD I PROCEED NOW.
Rajendra K Goyal
(Expert) 11 September 2020
You can wait till Nana expires and file case for partition and possession afterwards from your side.
Querist :
Anonymous
(Querist) 11 September 2020
Thank you for your reply @Rajendra K Goel Sir, SIR IT MEANS THE NEW SUIT FOR PARTITION AFTER THE DEATH OF MY NANA will not be affected by the previous suit for declaration that got dismissed?????? Please clarify
Isaac Gabriel
(Expert) 11 September 2020
Your mother has got right and the grandfatehers action in refusuing is agaist law.It is ubsurd to to wait for the death to make a clai again, as it will opposed by his legal heirs.
Dr J C Vashista
(Expert) 12 September 2020
Even right now i.e., during life time of your nanaji suit of your mother for partition, possession, mesne profits is maintainable.
Consult and engage a prudent lawyer.
Dr J C Vashista
(Expert) 12 September 2020
If you feel so, may contact me with relevant records (on appointment) at Chamber No 647, Lawyer's Chamber Block, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi-110075 Cell # 9891152939 email: majjagdish@yahoo.com
P. Venu
(Expert) 12 September 2020
The crucial question is whether the property is ancestral or otherwise. If ancestral, suit for partition could be filed during the lifetime of the grandfather as well. If not, it would be counterproductive in further antagonizing the grandfather.
Rajendra K Goyal
(Expert) 29 September 2020
Again repeated at:
https://www.lawyersclubindia.com/experts/ancestral-property-case-legal-uery-722736.asp
