Ancestarl property

PLEase help me to get back my property as it was sold with sign of my maternal grandfather by force of his cousine. the land title owned by maternal grandfather.How to proceed to lodge civil suit.Iwas unknown about the deal .I came to know about it after the death of my maternal grandfather in 2017.the present owner is claimed that he had purchased the land, he is not showing the dastavaj of sales to varify the who had signed the document.My maternal grand father never mentioned about the deal.I think the fraud made with him by his cousine.entire amount he must had grabed.Once he told that he had signed stamp paper to release bank mortgage by force of cousine. He was only able to sign only but not able to understand the content written in it. Please any one help me to guide further process.

Please provide me link of any judgemnt made by any court in this matter.The case belong to HUF and belongs to Gujarat

My mother died in the year 1969.Maternal grand mother died in 2007.Maternal grand father died in 2017.My father died in 2012.Me is the only living person of my maternal grand father. My mother was single child of her parents.He had no sibling.

You have no claim over the property of your maternal grandfather when he was alive.  

You are under some mistaken notion.

Respected ramchandran sir,

AS per ammendment in HUF sept,2005. As a straight line heir I am the only person belongs to my maternal grand father.The land was ancestral property. That land was sold in the year 2008.

The amount against sold property was not used for welbeing of me.It was all fraud by maternal grandfather's cousine.

Any way to get it back

Respected Ramchandran sir,

I want to request ref ammendment in HUF 2005

Hi, daughters have equal right over the father property as per section 6 of Hindu Succession Act.

Section 6 of the Hindu Succession Act Read as follows.

' Devolution of interest in coparcenary property.-(1) On and from the commencement of the

Hindu Succession (Amendment) Act, 2005, in a Joint Hindu family governed by the Mitakshara

law, the daughter of a coparcener shall,-

(a) by birth become a coparcener in her own right in the same manner as the son;

(b) have the same rights in the coparcenary property as she would have had if she had been a

son;

(c) be subject to the same liabilities in respect of the said coparcenary property as that of a son,

and any reference to a Hindu Mitakshara coparcener shall be deemed to include a reference to a

daughter of a coparcener:

Provided that nothing contained in this sub-section shall affect or invalidate any disposition or

alienation including any partition or testamentary disposition of property which had taken place

before the 20th day of December, 2004.

(2) Any property to which a female Hindu becomes entitled by virtue of sub-section (1) shall be

held by her with the incidents of coparcenary ownership and shall be regarded, notwithstanding

anything contained in this Act, or any other law for the time being in force, as property capable

of being disposed of by her by testamentary disposition.

(3) Where a Hindu dies after the commencement of the Hindu Succession (Amendment) Act,

2005, his interest in the property of a Joint Hindu family governed by the Mitakshara law, shall

devolve by testamentary or intestate succession, as the case may be, under this Act and not by

survivorship, and the coparcenary property shall be deemed to have been divided as if a

partition had taken place and,-

(a) the daughter is allotted the same share as is allotted to a son;

(b) the share of the pre-deceased son or a pre-deceased daughter, as they would have got had

they been alive at the time of partition, shall be allotted to the surviving child of such predeceased

son or of such pre-deceased daughter; and

(c) the share of the pre-deceased child of a pre-deceased son or of a pre-deceased daughter, as

such child would have got had he or she been alive at the time of the partition, shall be allotted

to the child of such pre-deceased child of the pre-deceased son or a pre-deceased daughter, as

the case may be.

Explanation.- For the purposes of this sub-section, the interest of a Hindu Mitakshara coparcener

shall be deemed to be the share in the property that would have been allotted to him if a

partition of the property had taken place immediately before his death, irrespective of whether

he was entitled to claim partition or not.

(4) After the commencement of the Hindu Succession (Amendment) Act, 2005, no court shall

recognise any right to proceed against a son, grandson or great-grandson for the recovery of any

debt due from his father, grandfather or great-grandfather solely on the ground of the pious

obligation under the Hindu law, of such son, grandson or great-grandson to discharge any such

debt:

Provided that in the case of any debt contracted before the commencement of the Hindu

Succession (Amendment) Act, 2005, nothing contained in this sub-section shall affect-

(a) the right of any creditor to proceed against the son, grandson or great-grandson, as the case

may be; or

(b) any alienation made in respect of or in satisfaction of, any such debt, and any such right or

alienation shall be enforceable under the rule of pious obligation in the same manner and to the

same extent as it would have been enforceable as if the Hindu Succession (Amendment) Act,

2005 had not been enacted.

Explanation.-For the purposes of clause (a), the expression "son", "grandson" or "great-grandson"

shall be deemed to refer to the son, grandson or great-grandson, as the case may be, who was

born or adopted prior to the commencement of the Hindu Succession (Amendment) Act, 2005.

(5) Nothing contained in this section shall apply to a partition, which has been effected before

the 20th day of December, 2004.

Explanation.- For the purposes of this section "partition" means any partition made by execution

of a deed of partition duly registered under the Registration Act, 1908 (16 of 1908) or partition

This is applicable to me or not.

Is any property can be willed by my maternal grandfather to third party out of any legal heir.

MC RAJ