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anand (proprietor)     20 March 2015

Ancestral property

Hi All

my mother has some ancestral property which my uncles almost sold off without her consent,

what is the best thing i can do now  ? ..and

how can i get the share just in case anything happens to my mother ....

will a power of attorney or a will from my mother help.

what all information i have to collect to move to the court of law for justice as we do not have any documents to prove that my mother is one of the legal heir ? 

please answer 



Learning

 6 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     20 March 2015

Sir, Legal heir certificate will suffice her being the legal heir of her parents. Obtain the certificate firstly and then challenge the sale made by your uncle as the same is not valid without your mothers signature or consent ...... Regards Kapil Chandna Adv 9899011450

SAINATH DEVALLA (LEGAL CONSULTANT)     20 March 2015

AS UR mother is the direct legal heir to the ancestral property, UR uncles do not have any right to sell the property without her notice.Immediately send a legal notice to that effect, and also to the buyers.The sale is void in all aspects.

Anand Bali Adv. (Advocate Solicitor & Consultant)     20 March 2015

Dear Client, How you will prove that your mother had some ancestral property ?  In fact before 2005 married woman were not having right in their ancestral properties. If the incident took place after this date you are requested to first get a heir certificate in your mother's name after submitting her father's death certificate in a civil court along with an application for that and only on that basis you can claim the property share or share in the proceeds of the ancestral property if it is sold out by your uncles.

For further legal assistance on nominal charges, you can contact me on below mentioned address and Phone number, Please call after Court hrs to get a suitable appointment date and timing.

Advise, always take assistance from an experienced and well educated Advocate of the field. You can see my credentials on this very site for my appraisal.

for Anand Bali & Associates

Anand Bali, Adv.
(B.Com., M.A., LL.B., M.B.A.)
Supreme Court Of India,
High Courts of Delhi, Chandigarh, UP & UK.
For Civil, Criminal, Property, Recovery, Consumer,
Service, Divorce & Family Dispute matters.
Off:
204-B, Nanda Devi Apartments
Plot-19, Sec-10;
Dwarka,
New Delhi -75
Ph:  09582144748

Anand Bali Adv. (Advocate Solicitor & Consultant)     20 March 2015

Dear Client,

How you will prove that your mother had some ancestral property ?  In fact before 2005 married woman were not having right in their ancestral properties. If the incident took place after this date you are requested to first get a heir certificate in your mother's name after submitting her father's death certificate in a civil court along with an application for that and only on that basis you can claim the property share or share in the proceeds of the ancestral property if it is sold out by your uncles.

For further legal assistance on nominal charges, you can contact me on below mentioned address and Phone number, Please call after Court hrs to get a suitable appointment date and timing.

Advise, always take assistance from an experienced and well educated Advocate of the field. You can see my credentials on this very site for my appraisal.

for Anand Bali & Associates

Anand Bali, Adv.
(B.Com., M.A., LL.B., M.B.A.)
Supreme Court Of India,
High Courts of Delhi, Chandigarh, UP & UK.
For Civil, Criminal, Property, Recovery, Consumer,
Service, Divorce & Family Dispute matters.
Off:
204-B, Nanda Devi Apartments
Plot-19, Sec-10;
Dwarka,
New Delhi -75
Ph:  09582144748

Samal Kumar (ADVOCATE HIGH COURT OF KERALA)     21 March 2015

Also pls ensure your remedies are not hit by limitation act.

T. Kalaiselvan, Advocate (Advocate)     21 March 2015

There are lot of ways to prove your mother a daughter of her father viz., her educational certificates or any other documentary evidence.  However, gather the record of the property and arrange to file a partition suit impleading your uncles as defendants, if they dont deny her to be  legal heir to their parents, that will prove that she is one, the next steps can be followed accordingly.  take the help of a local lawyer and proceed as per his advise by briefing him with the prevailing situation.


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