About ancestral property
venkat ramana
(Querist) 10 January 2018
This query is : Resolved
My grandfather has 2 son's, elder son was dead 30 years ago. After death of elder son money worth 1/3 of the ancestral property was given to his wife and minor daughter(5 yrs) and she relinquished both of their right on property to younger son which was registered in district court. Now afeter approximately 30 year's Can she file any case to get any share in property.
Vijay Raj Mahajan
(Expert) 11 January 2018
Firstly the civil suit with regard to the immovable property is time barred after 30 years.
Secondly the person who had already claimed her husband's share in the family property after the death of her husband and even relinquished that part in favour of brother of her deceased husband through registered deed of relinquishment cannot ask back that property, as she is estopped on the basis of Principle of Estoppel : The principle which precludes a person from asserting something contrary to what is implied by a previous action or statement of that person or by a previous pertinent judicial determination.
P. Venu
(Expert) 11 January 2018
The facts as posted lacks clarity? How is that the property is ancestral? If so, is the property still ancestral? If it has been or had been ancestral property, where is the question of relinquishment? How the relinquishment deed was registered in District Court?
And, perhaps, most important how you are related to the subject matter?
BAALASUBRAMANNYAMM
(Expert) 11 January 2018
They have no right to file a suit against "Youngerson" for claiming their share in the property, as there was a Relinquishment Deed had already been executed and registered, long back.
venkat ramana
(Querist) 11 January 2018
Thankyou all for reply. I dont know what to call the property so i said ancestral because all the property was in my granfathers name. There is a document which has stamp of court of that district so i said it was registered. Thankyou
Kumar Doab
(Expert) 11 January 2018
Who is this she about whom you are suspicious.........wife, girl child at that time..
Which personal law applies in this case; say Hindu?
Check all docs and mention what exactly these are!
Kumar Doab
(Expert) 11 January 2018
Same Query;
http://www.lawyersclubindia.com/experts/About-property-668106.asp
