Inheritence
p sushama rajan
(Querist) 09 December 2015
This query is : Resolved
My father and his three brothers have not obtained any share of the ancesteral property of their father or mother. Since it was denied by their sister's husband who had control of them, they filed a case. The lower court had judged that they obtain a share in their father's property.
So, now they have appealed in the higher court for the share in their mothers ancesteral property. This property is now vested with the sister's three children. They are not willing to part with this as they claim that my grandmother sold this property to their father. This was done without the consent of any of the four sons.
How far is this case valid? What could be the consequences?
They are not willing for any compromise in the Lok Adalat courts, at Madurai.
Can we obtain a stay order to restrain them from using the property now, after an appeal was given three years back?
Kindly advise and suggest.
P. Venu
(Expert) 10 December 2015
The Trial Court has already given the judgement in favour of your father. Try to get the Appeal decided expeditiously.
Your cousins are only in possession; it is not vested with them. And they are bound to make good the advantages they have gained once the judgement is upheld in Appeal.
Rajendra K Goyal
(Expert) 10 December 2015
Lower court has delivered decision and appeal would be disposed in due course.
Validity of sale deed from grandmother, her ownership etc. has to be seen.
Any advise in the matter can be given after going through full case file. discuss with your lawyer.
Kumar Doab
(Expert) 10 December 2015
If they claim that land was sold to them then the onus to produce the sale deed is on them.
Why are you calling the property ancestral...............'mothers ancesteral property'?
How did the property devolve upon mother and father?
It was self acquired or ancestral?
You have fought a case and by now you would be knowing the status of the property.
K.S.Srinivas
(Expert) 13 December 2015
To get advice, the author can give replies to the queries of Experts.
T. Kalaiselvan, Advocate
(Expert) 19 December 2015
You have stated about the judgement relating to the father's father's property by which court delivered that that your father has a share in it and against the appeal the defendants have preferred an appeal.
But you are silent about the outcome of the similar case on your grandmother's property. What is the status of that. Actually as per law, the married women's property shall be her own property and she need not take consent or permission from her children or anyone to dispose the said properties remaining on her name. Therefore see what all are other possibilities to get a share out of such property.
You have not given your own advocate's opinion to this question as well you have not given correct details, hence all such further queries may be answered only after seeing the documents and related papers.
