Succession of mother's ancestral property
Manikandan
(Querist) 22 April 2012
This query is : Resolved
My mother have 5 siblings.3 Sisters and two brothers . Her father owned an ancestral property (inherited through his mother i.e. my great grand mother.). My grandfather died and the property is intestated.Around 2005, My uncles misguided my mother and her sisters and convinced them to give away their shares of the property for a meagre sum which was well below the prevailing guideline value then and made them sign a no objection agreement to register the property under their name. Now the property (land) is registered on two of my uncle name divided equally between them. But I feel what they have done to their sisters is unjustified.Now one of the Uncle is planning to built a house in his share.
Being grandson, what is my rights on this property? Even though my mother and their sisters gave away their shares to their brothers, being an ancestral property,Do I still have rights over the property. Shall I claim rights over the share to be given to my mother?
SAINATH DEVALLA
(Expert) 22 April 2012
Dear Manikandan,
According to section 16 of The Hindu Succession Act, 1956,your mother and her sisters have an equal share of their mother"s property.But as your mother and her sisters have already given a registered NOC to your uncles,I don't think you will be able to get any justice legally.That is my opinion.
Shonee Kapoor
(Expert) 22 April 2012
I concur with the opinion of Sainath.
Once you have waived your rights, you can not reclaim it.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
ajay sethi
(Expert) 22 April 2012
you have no right on said property as garndson . your mother and sisters have willingly relinquished their interest in said property in favour of their brothers for considertaion .
adv. rajeev ( rajoo )
(Expert) 22 April 2012
If your mother and her sister have executed the regd., rights relinquish deed then you cannot do anything.
prabhakar singh
(Expert) 22 April 2012
Those who had right to share are your mother and her sisters,and they had right to surrender their share in favor of their brothers by a registered deed and they have done so,hence none under them can claim now.
Raj Kumar Makkad
(Expert) 22 April 2012
There is no reason to differ with the opinion of the experts as expressed above.
Manikandan
(Querist) 22 April 2012
Thank you Experts for the guidance. Please let me know is there anyway I could do so that atleast my mother and her sisters get any monetary compensation.Is there any possibilities that I could challenge my uncles legally (like getting a stay order on the property)through which they would agree for out of court settlement regarding the afore mentioned issue?
