Ancestral property share status
Priya Mengaji
(Querist) 17 September 2011
This query is : Resolved
We are contemplating legal proceedings on behalf of the married daughters (one of them being my mother )who have been cheated of their rightful share. It is the case of our ancestral properties owned by generations from the year 1900.The old buildings which were passed down to our forefathers was in dispute in 1950.Back then All the Ancestral assets were distributed within the legal heirs (including our grandfather ) in the Year 1950.My grandfather received his share by way of an old building by a consent decree .In the year 1984,he(our grandfather) made and executed an HUF with his wife, youngest son & one unmarried daughter and divided this building share keeping all the married daughters in exclusion. In 2004 after grandfather & grandmothers death ,the son(our uncle) has got the building transferred in his own name.We have now come to know about this entire fraud in 2011,how can we get relief in this matter.Property card now in the son's name but the land 7/12 extract shows our grandfather's name. We were all assuming that this building was still in our grandfathers name.
What relief can we expect from the court of Law??
Shastri J.K.
(Expert) 18 September 2011
You may file suit for declaration of title & partition.
prabhakar singh
(Expert) 18 September 2011
YOUR STATEMENT:::
"In the year 1984,he(our grandfather) made and executed an HUF with his wife, youngest son & one unmarried daughter and divided this building share keeping all the married daughters in exclusion." IS VERY CRUCIAL TO BE UNDERSTOOD PROPERLY.
FOR THAT YOU NEED TO TELL IF IT IS A
a] document/deed,if yes,?
b] registered or unregistered.or,Do you have any copy,then attach it,if not,have seen and read the document.??
c]you simply mean to say that in year 1984,your the family of your grand father consisted of him,his wife,a son,an unmarried daughter as other daughters were married.???
d]you say 'youngest son'was this one was the only son or grand father had more sons,besides him,if yes, how many????
e]how many daughters were born to your grand father?????
f]in which your grand father died??????
g]in which year your grand mother died???????
h]is it a society flat or independent house
and property card is issued by which authority and when???????
With out clarification of above facts i am unable to speak appropriately.
prabhakar singh
(Expert) 18 September 2011
AT THIS JUNCTURE I MARK THAT YOU ARE RUNNING THIS QUERY BY SEVERAL THREADS I HAVE JUST SEEN TWO MORE.
PLEASE TELL WHICH ONE IS GENUINE ????????????
DOING SO MAY RESULT IN WRONG ADVISES CAUSING YOU TO GET MISGUIDED AND SHALL NOT PROVE BENEFICIAL.
Raj Kumar Makkad
(Expert) 18 September 2011
I also endorse the relevant questions raised by prabhakar singh relevant for resolving your query and it is advised to confine to only one thread for one query so that it may be seriously replied.
prabhakar singh
(Expert) 18 September 2011
Ancestral property share status
Status of ancestral property after division
Status of ancestral property after division
Ancestral property share status
Status of ancestral property after division
Ancestral property share status
Status of ancestral property after division
Clarification on Ancestral Property (HUF)
Clarification on Ancestral Property (HUF)
These all are different threads by which you are ragging on us since long[right since23 Jan] 2011.They all refer to one anxiety of your but in different ways . are you getting coached to yourself or looking for some solution?????
Priya Mengaji
(Querist) 19 September 2011
Dear Mr. Prabhakar Singh ,
I thank you for your kind opinion and remark on my various queries raised but as you can understand the complexity of the case and the documents which are been made available to us are on ad-hoc basis.It was understood and was a fact known to all of us that it is an ancestral property.
For your questions ,that you have raised
1)The property is an old building
2)The HUF is an registered deed
3)My grandfather has 6 children, (4 daughthers married before 1984, 1 daugther got married but left her husband(she was unmarried at the time of the HUF deed registration),one son only (born after all the daughters)
4)grandmother died in 1992,then grandfather in 1994
5)Property located in Andheri Taluka ,Property Card issued by the Registrar of Land Records ,Andheri Taluka ,Mumbai
We have seen the documents which were submitted ie HUF deed,Affidavit cum indemnity of our uncle,death certificates of my grandparents.Entry in Property Card given by way of Judgement passed by Registrar on 9th June 2003
R.Ramachandran
(Expert) 23 September 2011
On the same set of facts at http://www.lawyersclubindia.com/experts/Ancestral-property-share-status-231301.asp
I had given my views as under:
1. The property in the hands of your grand father was “Ancestral property”.
2. In the year 1984 your grand father with the ancestral property formed an HUF wherein your grand father, his wife, his youngest son and one unmarried daughter were made members. (This according to you is a fraud)
3. He did not include his married daughters (which includes your mother) as the member of the HUF.
4. In 1984, in Maharashtra, the daughters were not coparcenars. Further, at that point of time the married daughters are not members of his Joint Hindu Family. Therefore, if your grand father had formed an HUF leaving the married daughters outside the purview of HUF he was well within his legal rights and be rest assured that THERE WAS NO FRAUD involved in his action.
5. It was only in the year 1994 (i.e. with effect from 22.6.1994) the daughters were also made coparcenars in the State of Maharashtra vide Maharashtra Act 39 of 1994.
6. The said Act very specifically provided that the provisions contained in the Amendment Act will not apply to (i) a daughter married before 22.6.1994 and (ii) a property which stood partitioned before the said date.
7. Now you say that the property is still in the name of your grand father. All said and done according to you he formed an HUF and therefore the property would be that of the HUF, notwithstanding the fact that it is in the name of your grandfather. Only mutation seems to have not got done. That will not take away the HUF nature of the property.
8. Your mother and her other sisters cannot stake a claim as a “coparcener” in the said property.
9. However, since your grand father died without leaving any WILL, his share in the HUF property will go by way of inheritance amongst all his legal heirs (i.e. all his daughter(s) and son).
10. To that extent your uncle is wrong when he says that the entire property belongs to him.
I think, by posting in fresh threads, you are only trying to elicit some answer which would be suitable to you.
