Right to ancestrtal property
Querist :
Anonymous
(Querist) 04 October 2011
This query is : Resolved
We are Eight sisters and brothers. There is an ancestral property percolated down to my elder sister from great grand parents/aunt. The property is now being disposed off. I am one of the sisters. I am not being consulted in the matter. 6 of sisters and brothers are staying in that property. I apprehend that they are ignoring me. Do I have right in the property and its sale amount? Kindly tell me what options are open for me.
R.Ramachandran
(Expert) 04 October 2011
You have to reveal some more facts.
1. How do you say it is "ancestral property"?
2. You have to very clearly state from whom your elder sister got the property?
3. In which year she got the property? Whether she got by way of Gift or WILL or any other way.
4. Prior to her who was owning the property?
5. How that person in serilal No.3 above got the property?
6. Do you mean to say that except you, all other 5 sisters and 2 brothers know that the property is going to be sold by your elder sister?
7. Whether your other sisters and brothers are going to get any share in the sale proceeds? If not are they also objecting to the sale?
ajay sethi
(Expert) 04 October 2011
answer MR ramchandran queries
kuldeep kumar
(Expert) 04 October 2011
yes give details otherwise query is incomplete.
Querist :
Anonymous
(Querist) 04 October 2011
I will return to you Sirs very shorty with whatever details I could gather.
prabhakar singh
(Expert) 04 October 2011
okay only then we will be able to guide you more properly.
Sailesh Kumar Shah
(Expert) 11 October 2011
Dear author,
where are you? You are still gather details?
Querist :
Anonymous
(Querist) 11 October 2011
Dear Sirs/Madam.
I am not in a position to furnish point-wise reply. However, hereunder I am furnishing whatever information I could furnish. Please treat this concluding information and advice accordingly. There is a property which was purchased by my Aunt (my father's sister). The property was purchased sometimes in1950-60 appx. Before death she handed over the papers of the property to her younger sister. The papers are now either with my elder sister or elder brother. But actual possession is not clear as they are not divulging. it is also not known or is not being divulged as to in whose name the property papers are now i.e. whether the present possessors of the papers are legal owner of papers through WILL OR GIFT OR THEY ARE JUST CARRYING PAPERS WHICH ARE IN THE NAME OF ORIGINAL OWNER(s). WE are eight sisters and brothers. All are aware that the property is going to be disposed off. My elder brother's wife seems to be striving to usurp the major portion of the sale proceeds. 4 brothers and 2 sisters are staying in the said property. I am staying with my in-laws in Delhi (my brother in law i.e. my husband's younger brother-my brother expired in 2001) with my two children (adult).
There are other three relatives who are living in that property and it is been made known that they are also claiming their share in the sale proceeds. Of all the claimants, 3 are unmarried. Kindly advice as to whether I have share in the property. At this juncture I think that I may not be able to provide more information.
Kindly also tell as to what action I have to take. Also if the property is sold clandestinely, what option is open for me/other sufferer. Kindly elaborate. This may please be assinged priority as the property is being disposed of at an early date. (The cost of the property is something around 10 crores.
Querist :
Anonymous
(Querist) 11 October 2011
RE-WRITTEN WITH MINOR CHANGE--I am not in a position to furnish point-wise reply. However, hereunder I am furnishing whatever information I could furnish. Please treat this concluding information and advice accordingly. There is a property which was purchased by my Aunt (my father's sister). The property was purchased sometimes in1950-60 appx. Before death she handed over the papers of the property to her younger sister. The papers are now either with my elder sister or elder brother. But actual possession is not clear as they are not divulging. it is also not known or is not being divulged as to in whose name the property papers are now i.e. whether the present possessors of the papers are legal owner of papers through WILL OR GIFT OR THEY ARE JUST CARRYING PAPERS WHICH ARE IN THE NAME OF ORIGINAL OWNER(s). WE are eight sisters and brothers. All are aware that the property is going to be disposed off. My elder brother's wife seems to be striving to usurp the major portion of the sale proceeds. 4 brothers and 2 sisters are staying in the said property. I am staying with my in-laws in Delhi (my brother in law i.e. my husband's younger brother-MY HUSBAND EXPRED IN 2001) with my two children (adult).
There are other three relatives who are living in that property and it is been made known that they are also claiming their share in the sale proceeds. Of all the claimants, 3 are unmarried. Kindly advice as to whether I have share in the property. At this juncture I think that I may not be able to provide more information.
Kindly also tell as to what action I have to take. Also if the property is sold clandestinely, what option is open for me/other sufferer. Kindly elaborate. This may please be assinged priority as the property is being disposed of at an early date. (The cost of the property is something around 10 crores
R.Ramachandran
(Expert) 11 October 2011
I have taken a stand from 6.10.2011 that I will not be attending to queries by "Anonymous".
I am making an exception in this case, since the original query was prior to 6.10.2011 and I had asked certain information. I feel that having sought some information, and when the querist has posted the information, I am obligated to answer the query and hence I am answering.
Dear Anonymous:
1. From your postings / information, it is not clear whether your "Aunt" had left any WILL or GIFT. This you will be able to ascertain, by making an application before the Sub-Registrar Office concerned (where the property is situated) for grant of Encumbrance Certificate in regard to the property (by giving complete particulars of the Plot/House No., Street, location, city etc.). From that it will be known as to in whose name the property stands currently.
2. If there had been any GIFT the property will not be in the name of your deceased Aunt.
3. Similarly, if there had been any WILL left by her, on the basis of the same, the property would have been mutated in the name of the beneficiary under the WILL. This will also be known through the Encumbrance Certificate.
4. Assuming that your Aunt had not left any GIFT or WILL then my answer is as under:
(i) From the information provided by you, it transpires that your Aunt has not left any immediate heirs like: her husband, her children, or any grand children.
(ii) If my assumption at (i) above is correct, then the property will go by way of inheritance to the heirs of her husband. (i.e. mother of her husband (if alive), father of her husband (if alive), brother / sister of her husband (if alive), her husband's brother's/sister's son(s) / daughter(s) etc.
(iii) if none of the relatives mentioned by me in (ii) above are alive, then it will go to her mother/father (if they are alive).
(iv) If persons mentioned in (iii) are also not available, then it will go to heirs of her father. That is - (i.e. mother of her father (if alive), father of her father (if alive), brother / sister of her father (if alive), her father's brother's/sister's son(s) / daughter(s) etc.
(v) If persons mentioned at (iv) are not there then it will go to heirs of her mother.
If none of the above relatives mentioned above are there, then the property will devolve on the Government.
Now, you have to one by one confirm/eliminate the availability of the heirs mentioned above. In case any of the heir is available, then the property will go to him/her/them.
The heirs coming next to them will not get anything.
