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Harsha (HR)     04 August 2009

Ancestral Property

Hello,

This is regarding a property that my mother has inherited his fore fathers. My mother is the only daughter to my grand father and has no other brothers or sisters. My father sold off his ancestral land and he eventually improved the whole land by building a house, having a borewell and making it as a farm house, thus the price of the land is around 1 crore.

My grandparents are still alive and we were looking after them from past 20 years as they didnt have any other kids. Now from past 4 years we fell in debt and we are not able to look after them as we did in the past, but we have made sure that their basic needs are fulfilled.

In 2008 my grand father was sufferring from some disease, we admitted him to the hospital twice and we got him cured spending about 1.20 Lakh.

My grand father's brother is planning to buy the land from my grand father by paying onli 3 lakh for half the land. Can this be possible without the sign of my mother ? Can he buy the land by using only my grandfathers sign ? Can you please advice on this issue.

My grand fathers brother had previously filed a case stating that he has to only get the whole property as my mother was the only one ad he has many child. Eventually the case was in the court for about 10 years, my grand father won the case on 3 courts. In the fourth court his got to know that he is worng and confessed in the court and with drew the case stating that he is wrong.

My mother is worried that can his uncle ( fathers brother ) can buy the property with out her signature?

I request you to please answer this question as soon as possible.



Learning

 1 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     04 August 2009

A right inheritable if it survives its owner. Ex:- Proprietary rights are inheritable.

A. an owner of the house, dies, After his death, the said property devolves to his legal representatives,i.e. his wife, children, etc. Inheritance is in some sort a legal and fictitious continuation of the personality of the dead man. For the representative, it is in some sort identified by the law with him whom he represents. Not only the properties are transferred from dead man to his representatives, but also the liabilities and obligations attached to the properties are transferred to them.

The inheritance is of two kinds. (i) testamentary (ii) intestate.

Therefore your case details more required.


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