Ancestralproperty
sanjay agarwal
(Querist) 03 June 2012
This query is : Resolved
my grandfather have a property 4000sq m he had 4 sons after his death property was owned by his wife and after her death the property goes to hr 4 sons equally divided by mutual family settlement my father is 1 shareholder of this property and he had 3 children 2 sons 1 daughter after my parents death the 2 brothers divided the portion between themselves in 2008 and i got married in 1993 6 months ago i came to know that they are selling off there property after this i claimed 4 my share in jan 2012 in kanpur court ....instead of filling case against 1 of my brother he sold some part of his property in march 2012 is it possible that i am filling a case againt them but instead of this he can sell some part?????????? what should i do know??????????? please reply me soon.
kuldeep kumar
(Expert) 03 June 2012
U HAV EQUAL RIGHTS WITH THEM.PRPTY IS ANCEST SO U R ENTITLD.
Devajyoti Barman
(Expert) 03 June 2012
It appears that you did not have any restraint order like order of injunction.
In any case the purchaser if knew about the pendency of the case would be bound by its fallout. Else your brother will have make good the loss.
You carry on fighting the suit and try to add the purchaser as party to this suit.
Anirudh
(Expert) 23 June 2012
Dear Querist,
You have to indicate the following details in case you need an appropriate answer to your query:
1. Whether the property was purchased by your grand father or he got it from his father?
2. In which year your grand father died
3. In which year your grandmother died?
4. When did your father die?
5. When did your mother die?
sanjay agarwal
(Querist) 23 June 2012
2.my grandfather died in 1960
3.my grandmother died in 1965
4.my father died in 1995
5.my mother died in 2007.
1.my grandfather purchased the property by nagar nigam improvemnt trust kanpur in 1930..
Anirudh
(Expert) 23 June 2012
You are entitled to 1/3rd share in the entire property left behind by your father.
Therefore, you have to approach a local lawyer and file a case in the court seeking partition. You will succeed. Any delay will be harmful to you.
Anirudh
(Expert) 23 June 2012
Please note the property is not at all "ANCESTRAL PROPERTY". Probably you call it ancestral property because the property came to your father from your grand father. BUT THAT IS NOT THE CORRECT LEGAL POSITION. As per law, in the given situation, the property is self-acquired property your grand father; after his death when the said property came to be inherited by your father and his three brothers, the said property was personal property of your father. Therefore, when your father died intestate (without leaving any WILL) the said property has to be equally inherited by all his children i.e. 2 sons and 1 daughter.
So, you have to legally claim your 1/3rd share by going to the court and demanding partition.
sanjay agarwal
(Querist) 24 June 2012
sir i have suit owner declaration file against both my brothers and deposited rs700 court fees in jan 2012 till now i have not got stay many dates have passed..so please tell me what should i do?????? and my father has died without any will
