Ancestralproperty
sanjay agarwal
(Querist) 18 August 2012
This query is : Resolved
i live in uttar pradesh kanpur my grandfather had a property then it came to my father and after my parents death it was divided between me and my elder brother we have 1 sister in 2008 family partion was done and my sister on 10rs stamp paper she surrendered all rights and signed and my nd my brothers name was registered in nagar nigam records in 31st march 2012 i sold some part of my property now my sister had suit a file in court that she wants her share in property and she had said in court that the sign she did was taken by fraud/cheating she was born in 1970 and got married in 1993 will she get her share????????? is she right to claim???????? please suggest me what can i do????????? urgently....
Adv.R.P.Chugh
(Expert) 18 August 2012
Yes because there was no registered partition/settlement before 20/12/2004, your sister can lay a claim and get her equal share culled out of the property.
Her relinquishment by signing the stamp paper is of no avail as any relinquishment has to be via a registered instrument.
Anirudh
(Expert) 18 August 2012
When did your grand father die?
How did your grand father got that property? (Whether purchased it or he got it from his father etc.)
If your grand father got the property from his father etc., then in which year he got it?
Guest
(Expert) 18 August 2012
Two questions which you must answer.
1. Is the property self acquired of your grand father?
2. When did your father die?
