Husband right on ancestral property of 1st wife
Muthusamy
(Querist) 14 April 2021
This query is : Resolved
Sir
I'm ailing from Hindu family in TamilNadu
My grandfather died in 1955 leaving behind his widow ,my mother and my aunt.
As per the Hindu womens right to property act established in 1937,the agricultural land of my grandfather which was his ancestral property became the limited estate of my grandmother.
After the Hindu sucession act 1956,the limited property became absolute property of my Grandmother.My mother died in 1976.She was survived by me alone.Her death was mystery.My father family portrayed it to be a sucide.
My father remarried in 1981.
After the death of my grandfather,the revenue documents were in my Grandmother name.
Myself and my aunt applied for partition suit and divided the properties as per court order in 2014.
During the case which began on 2010, we mentioned that the properties were ancestral of my grandfather who died 50 years before .We haven't mentioned the exact year of death of my grandfather as 1955.
Now after 8 years,My Father second wife family is
Claiming that my father have his share in his first wife property.My father is neutral and dumb.
We haven't mentioned about the acts or legal inheritance by grandmother in her husband property as myself and my aunt had no dispute during the suit.
We don't have any registered title document for the property.There is no title document in name of my Grandfather who died in 1955.Only we have the Patta which hold the name of my grandmother as owner.
We submitted the Patta as a title and legal Heir certificate of my Grandmother which shows My aunt and me(only son of predeceased second daughter) as her legal heirs.
My Query is
1.When the title document is not available and death certificate of my Grandfather who died in 1955 is not available ,I have said in court that My Grandfather died roughly before 50 years I.e before 1960s leaving behind his window and two daughters.Also I have searched for death registration of grandfather in SRO and thashildhar office between 1950 to 1970.His death was not registered.
Do my father has a loop hole to claim that he has his share in his 1st wife property stating false fact that my grandfather died after 1956 sucession act.
2.I have searched the revenue documents and found none of the revenue documents are in my grandfather name.All the revenue documents are in my grandmother name.We have submitted my grandmother patta,legal heir certificate. Is that patta is enough to state that it's my grandmother absolute property.?
3.Else How to make a amicable settlement with my dad.The title of the property is in my name now.Revenue document is in my name.I made sub division.How to get a release deed or any other registered document from my father that he won't claim any share in future?.
4.Is hindu sucession 1956 is applicable to a hindu male died before 1956?
Experts please kindly share your valuable knowledge and guide me please.
Sankaranarayanan
(Expert) 14 April 2021
better to approach a local lawyer Where are you in Tamilnadu?
Sudhir Kumar, Advocate
(Expert) 14 April 2021
In this forum the persons are giving free advise in their spare time. Normally none =has time to read long narrative.
Muthusamy
(Querist) 14 April 2021
Thanks for your advice.
kavksatyanarayana
(Expert) 14 April 2021
After your mother's death, her share of the property will be devolved among her husband and children. So your father has a right to the property of your mother's share. So amicably settle the issue with your father and get a registered relinquishment deed in your favour.
Dr J C Vashista
(Expert) 15 April 2021
Be brief and specific for consideration and obligation of experts on this platform.
ashok kumar singh
(Expert) 15 April 2021
agreed with views expressed by earlier experts.
thanks
P. Venu
(Expert) 15 April 2021
You have posted more of assumptions, presumptions, and uninformed opinions than facts. Now that there is a decree for partition, all that counts is the decree and the findings in the Judgement. The Judgment and decree could be reopened at the instance of your father, subject to the Laws of Limitation..
Asgher Mahdi
(Expert) 16 April 2021
In short , father has right over his deceased wife. In your instant case,I suggest you approach a lawyer by payments of his consultant fee he will fully brief up the matter
