Share in ancestral property of deceased sister
Dr.Gaurang N. Gandhi
(Querist) 15 November 2015
This query is : Resolved
Dear Experts,
Iswarlal died in March 1963. Sureshbhai and Rameshbhai were the legal heirs.
But, Unfortunately Sureshbhai was died in 1950 left behind minor daughter Sumanben only.
In december 1963 Rameshbhai file application in mamalatdar and converted all ancestral properties in his name only.
Sumanben was not in knowledge about that. In 2013 she came in knowledge about the mutation entry done by her Uncle Rameshbhai in 1963. She filed application to revenue court to cancel the mutation entry. That is yet to decide.
Sumanben died in 2014 left behind a Unsound mind & unmarried son and a married daughter Indumati.
Now question is that:
1.Can Akshay grand son of Suman i.e. son of Indumati file a suit in civil court to get equal right as legal heirs of Rameshbhai are enjoying?
2.Can he succeed the application filed by his grand mother Sumanben to cancel mutation entry of the year 1963?
3.Is there any other remedy?
4. will the recent judgement of Hon'ble S.C. affect the suit?
ROHIT SHARMA
(Expert) 15 November 2015
1. Yes, the legal heirs of demised Sumanben can be joined as legal representative in the court matter and they sure will be get the share of Sumanben after she is decided as to be equal share owner in the property of her father Sureshbahi.
Rajendra K Goyal
(Expert) 16 November 2015
Situation is complicated, all documents, mutation case file and family tree need to be referred / discussed, consult local lawyer.
Dr.Gaurang N. Gandhi
(Querist) 16 November 2015
Family Tree
------------Iswarlal-has 2 sons
1.Rameshbhai (Died) ---->[ 4 Sons] All Alive
2.Sureshbhai (Died)----> 1 Daughter (Sumanben (Died)--->A Unsound Son Alive and A Married Daughter(Indumati)
* Akshay is son of Indumati
kavksatyanarayana
(Expert) 16 November 2015
As per your query, sumanben was the daughter of Sureshbhai. today your answer to Mr.Rajendra k goyal sir, you have given that sumanben was the daughter of Rameshbhai. which is correct?
