Property bought with ancestral funds and invested
Priyanka
(Querist) 11 April 2016
This query is : Resolved
Dear Sir,
Please suggest and also wanted to check that My Grand Father came from pakistan in 1947 during the partition , at that time he brought some jewellery and precious stones at that time , after reaching india after some time he started doing jewellery business after selling some jewellery and reinvesting the same in jewellery business . After passing of some years in 1952 he invested the same money to buy/Rent a Shop and then House on Rent and after in year 1970 he ( dada) bought a property in his wife name ( my dadi ) by selling jewellery article, We don't have any proof that jewellery was sold to buy the property .
Now our Tau by fraud has got the property in his name by way of WILL 1985 which our dadi has done in his name .She died in year 2004 and my father died in year 2002 .
Our Tau is claiming that he bought the property in name of mother with love and affection , But he is also unable to produce any document that he bought the property from his funds , Only points he is stating that he starting working in Year 1962 and he was saving money and then he bought the property in name of his mother ( My dadi ) .
How does it possible that he has bought the property , We are astonished .
Do we have a chance to claim the rights as a ancestral property which has been bought from Ancestral funds (Jewellery ) bought from pakistan at the time of partition and later on investing same in India .
Our Bua is also with us to support , but what are the real facts which we have to produce in front of court .
Dear Sirs , Please suggest your thought ,How to tackle the situation and counter .
Guest
(Expert) 11 April 2016
you are saying that he has obtained the will by fraud. if that is the case you may challenge the will in the court and claim partition of the property.
you should hire a local lawyer for that purpose.
Priyanka
(Querist) 11 April 2016
Dear Sir,
If we keep the WILL aside then what is suggested part , How to prove that property is ancestral in nature bought from ancestral funds .
Guest
(Expert) 11 April 2016
Sir, as I told you, you need to challenge the will. and a lot of facts are not known. Like when the transfer took place. whether the will was registered or un registered. So only after going through all the facts can any suggestion be made. with regard to proving the fact that the property was ancestral, it is a matter of trial.
Priyanka
(Querist) 11 April 2016
1) WILL is registered WILL in 1988 , in the name of uncle
2) Grand Mother died in 2004
3) Uncle got the property TF in his name by WILL in year 2005
4) As we know our grand father bought this property from ancestral funds brought from pakistan and further invested in India and them he earned income , then is bought the property in his wife name , how to prove that same .
Dear Sir,
Please suggest
Priyanka
(Querist) 12 April 2016
1) WILL is registered WILL in 1988 , in the name of uncle
2) Grand Mother died in 2004
3) Uncle got the property TF in his name by WILL in year 2005
4) As we know our grand father bought this property from ancestral funds brought from pakistan and further invested in India and them he earned income , then is bought the property in his wife name , how to prove that same .
Dear Sir,
Please suggest
Priyanka
(Querist) 12 April 2016
1) WILL is registered WILL in 1988 , in the name of uncle
2) Grand Mother died in 2004
3) Uncle got the property TF in his name by WILL in year 2005
4) As we know our grand father bought this property from ancestral funds brought from pakistan and further invested in India and them he earned income , then is bought the property in his wife name , how to prove that same .
Dear Sir,
Please suggest
