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Lollipop (Software engineer)     07 November 2009

Ancestery Property Issues

Dear Sir,  I am a Hindu. This is regarding an Ancestral property that has been haired from more than 5 generations. When my grandfather haired the property from his father he had 200 acres of land in our village. He had two wives ( got married at the same time, I dont know if the marriages had been registered) My grandmother (G1) here by had one son and the other grandmother (G2)had one daughter. My grandfather was always more affectionate towards the other female (G2) and her daughter. He got her married in 1982 giving a dowry of 20 acres and 1 lakh cash. We hardly got to enjoy the property. But recently there was a sudden death of my grandfather. My grandmother (G1) also expired about 5 years back. But the other female (G2) is still alive. Now her daughter and son in law are in possessions of the remaining 35 acres that is remaining ( 25 acres is in my grandfathers name and 10 acres had been transferred to the other female (G2) in 2004. They have all the legal documents with them and are now demanding that the property be distributed among the other Female (G2), her daughter and my father. As my father is mentally not very stable ( Due to loss in business) I am taking care of all the responsibilities. After consulting with a lawyer he said that since This is an ancestral property 1: The daughter has already been parted off with her share she will not get any more share of the pie. 2: The transfer of land to the other female in 2004 is not valid 3: Son which is my father will the the righteous owner of the remaining property. Can you please confirm that the above said statements are true, and please advise me as to how i can tactfully get hold of the property and what measures should i take dealing with this case.



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 4 Replies

Y V Vishweshwar Rao (Advocate )     08 November 2009

The advise given by your lawyer is correct !

File suit in the name of  yoorr  father and in your name  agaisnt  Daughter of G2 and G2 , for partition and separate posession of the entire proerties  , including the proerty in the name of G2 and her daughter , so that  entire matter will be considered /adjudicated at onece to have complete Settlement of the proerties

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     08 November 2009

I fully agree with your lawyer and additionally suggest to first obtain a registered GPA of your father so that no pesona may take any undue benefit of his unstabiliyu and then you start litigating in the name of your father. Then file a combined suit seeking declaration of decree of 2004 as null and void, partition, share in the property and possession accordingly. I also agree that all the remianing properties except given in dowry to you Buwa by your Dadji, shall fully devolve in your father.

K. Rajendra Prakash (Advocate)     09 November 2009

I agree with your lawyer and Mr. Raj Kumar Makkad

A.P.Manoranjan (ADVOCATES & LEGAL ADVISORS)     10 November 2009

I agree with Makkad sir,


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