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shobhit (sr process associate)     31 October 2013

Ancestral property

Hi,

 

My mother’s father and his father (my grand and great grandparent from mother’s side) had the property which is now developed commercially and taken care by my cousin (mother’s brother’s son) i.e. it is an ancestral property.

The grandparent died before 1950 and since then my cousin (mother’s brother’s son) is taking care of that property. One of the properties was developed in late 90’s in that he sold 16 shops, 3 flats and kept 3 flats for his own use, which is in locked condition today. The other property is developed recently in 2013 where he sold 12 flats and kept 4 flats for his own use, where he made his residence.

Now I am not sure, whether my mother’s name exists in the property card or not. My mother didn’t signed anywhere on the papers related to this properties. I cannot ask my cousin to give my mother’s share directly without knowing the laws, as my mother died in 2005 and also it will spoil our relations.

I am ready to fight the case, if I get the assurance that my case will stand in the court of law and I will allowed to share the part of the property. Once I come to know the pros and cons, I can understand the case much better. Then I will proceed with the further steps.

Kindly suggest me,,,,,,



Learning

 5 Replies

shobhit (sr process associate)     31 October 2013

Kindly give me suggestions.....plzzzzzz....

T. Kalaiselvan, Advocate (Advocate)     01 November 2013

As per the Hindu Succession Act amended Act 2005, the women as a coparcener has rights over the ancestral property by birth but certain conditions are to be observed, moreover your mother died in the year 2005 i.e., before the act into force hence her eligibility for a share in the property is ruled out, however, issue a legal notice and see if your cousin is kind enough to allot you something or if you feel that your relationship will be strained, it is better to not to kindle the issue and just drop the idea

1 Like

shobhit (sr process associate)     19 November 2013

https://indiatoday.intoday.in/story/legal-battle-for-control-of-vadodara-royal-family-property-gets-messier/1/193143.html

Hi,

This is the link which I have pasted, which shows the parting of the royal property of Gaekwad of Baroda, Gujarat. 

With the above subject which I had posted earlier, I think we can take this case as a reference. So I pasted this link for your reference.

Kindly suggest me, is it shows some positive way to my case.

Mohan Kumar (Advocate chennai 9840261011)     19 November 2013

Please let us know which year your mother got married

1 Like

shobhit (sr process associate)     25 November 2013

My mother got married in the year between 1945 to 1950, and the property belongs to her father, which is now developed commercially by thier son's son(my maternal cousin).

I had attached the chart in the following post, you can find out the ancestor's names in this chart. Accordingly I had mentioned their names and some brief idea about the property, I think this is will do your job easy, if anything extra you need, kindly guide me I will post accordingly..

Find the attachment... 


Attached File : 260304681 chart.docx downloaded: 162 times

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