inheritence of property

Querist : Anonymous (Querist) 21 July 2010 This query is : Resolved
my grandfather had purchased a land on the name of my grandmother. later he built a house thereon. after some years my grandmothe had sell the property to someone else with my grandfather,her first and second son as witness. the purchaser give her a time of 5 years to get it back on paying the same amount but if she fails to do so he is free to sale the property to anybody. in the meantime he gave her the house to live in as a tenant by executing an agreement in which it is cleared that the land as well as muncipility tax had to be paid by herself. in this agreement my grandfather, grandmother, 1st and 2nd uncles are witness. time had passed away but she failed to repurchase it . when he was going to sell the house after 9 years my father purchased it on his name by executing a registered sale deed. he has allow all the family members including his brothers and parents to live in. the person from whom my father had purchase the property had give in written that the said property had to be mutated on the name of my father. but due to illness of my father he failed to do so. after 15 years my father passed away leaving his wife, 2 daughters and 1 son ages 10, 9 & 7 respectively . after that our mother gave us life. no body had helped us in anyway. now our uncles who are living in the said house are building their rooms on the said property . on restraining them from doing that they gave us many threating like my father give the property to them by executing a will. it's my mother softheartness that she is ready to distribute the land among themselves. then one of my uncle has show us the xerox of the paper on which my grandmother has divided the said property and the uncles and my father had signed it. it should be noticed that she had divided the said property that is already purchased by my father by the virtue of a sale deed. as my mother first responsibility is the marriage of my sister so she has done an agreement in great pressure between her and uncles .about the division of property . all the uncles had signed this except the widow of the 2nd uncle. she said that she do not agree with the same. now she filed a case on my mother and my sisters and me. she filed the case on the basis of mitakshara law as she said in the petition that the day on which the property was purchased by my father none of the family members were present as well as all of them contributed for purchasing the property but my father do the registry on his name. she has also mentioned that my father in his life time neither mutated or tried to mutated the said property on his name and the muncipality tax was paid by my uncles on the name of my grandmother as mentioned in the muncipal register. now she has filed a partition suit for 1/6 of the property as my father were 6 siblings. please suggest me what to do in such circumstances. Also i want to know that the whether the agreement can be cancelled made between my mother and uncles. please reply soon. thanking you.

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sanjeev murthy desai (Expert) 22 July 2010
Dear Anaonymus.

Your mother have good merit on the the case.

Said Property considered as a self acquired property of your father.

File a written statement in that case to stating that property is self acquired property of your father and that property is not a joint family property. And you can also easily proves that the said property is self acquired property of your father under a earlier deeds.

After the demise of your father, the said property should devolved upon his legal heirs i.e., ur mother and children under Hindu Succession Act.

sanjeev murthy desai (Expert) 22 July 2010
In addition to that, your mother has only 1/4 share on that property. You and your sister also have share on that property and it is considered as minors property (1/3rd share).

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