Partition through court
vijaya kumar t
(Querist) 18 July 2012
This query is : Resolved
how can i get my share from my grand father's property (in tamilnadu) transferred to my grand mother's name after 1973(after death of my grand father)?
situation;1.i married my father's sister's daughter( she has one mentally challenged elder sister not yet married and one married younger brother)without my parent's concent.
2. my father's younger brother died in 2004
3. my grandma died in 2006.
4.myfather's youngest brother got registered settlement from my grand mother at the age of 92 without others concent in 2004 and sold the property to a third party (after my grandma's death).
5.my aunty with othertwo female heirs(mother of my wife & their sisters) filed a partition case against my father and other two for equal share of my grand mother's property in 2009.
6. court has passed a degree to appoint a commissioner for sharing the property equally to all 6 heirs in 2010.
7. actually there are 7 legal heirs, one of my father's sister died in1972. that time she was having 2 daughters(alive) and one son(died in 2000)
8.my aunty got legal heir certificate for only 6 persons omitting the died one. with that legalheir certificate court passed degree to share for 6 heirs.
9. my father is insisting that being the eldest he has served the female heirs with lot of dowry during their marriages which had taken place before 1979 and they are all seperated and not allowed to ask share because they are all not coming under the mitakshara and the property should be divided only to the male heirs.
10.my father has not filed an appeal to the degree because of his financial problems and age.
11. he is not willing to to give power of attorney to any one of his heirs.
in this condition how can i get share from my father's share?
vijaya kumar t
(Querist) 21 July 2012
please reply to my query. any experts.
