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Aravind   07 April 2016

Ancestral property dispute

hello forum,

my grandmother have share in a  house which is an ancestral property.. but nw she told tat she dont want tat share from the house and gave it to her sister.. is she have rights to give share to her sister .. nw can we claim tat share which so called ancestral property.. do i can get share from tat..   



Learning

 9 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     08 April 2016

Sir,

 

Your father or mother can claim the share in the property ...

 

Warm Regards

Kapil Chandna Advocate

9899011450

Suresh Kumar   08 April 2016

During her life time she can do as her wishes. If she not making any alienation in alive, after her life time you can claim a share With regards V. Suresh Kumar Advocate 9790101123

saravanan s (legal advisor)     08 April 2016

Even though its the share which she got from ancestral property once when it had landed into the hands of a woman it is considered to be her own property. so during her lifetime she is free to do anything with it.only.rest as advised by mr.suresh

Praveen Kumar Singh   08 April 2016

Hello Fourum,

My Grand father had ancestral property, House, agricultural land and shops. He was died in the year 2013 at adge of 95 year. my grand mother died in the year 2004.

My father have one brother and two sister all are married.

Before death of my grand father, he executed will of whole property in favour my uncle two sons.

My father filed case in the court of law for his share in the property. Also claiming will is wrong because at the time of making will his age was more than 90 years and he was suffering with mental disorder

Now my uncle sons are are asking that you accept the will and they can give half of the property through ragistered sell.

Is this is the right procedure for settlment, whether they can sell property on the basise of will ???

 

 

Aravind   08 April 2016

Thank you fr all yur replies.... 


(Guest)

@ Arvind 

1) Specify your religion and state

2) my grandmother have share in a  house which is an ancestral property. ---- From when anchestor property was there how many years /generation

3) How your grand mother gave her share to her sister -- Which Deed ? Whether proper stamp duty and registration fee paid and which year

4) is she have rights to give share to her sister --- Women property is considered absolute property she can do any thing which she likes regarding only her share

5) Questio which now come whether you are Hindu ? Whether it was HUF ? Whether you can be considered Cooparnar ? Or some one other can else considered cooparnar ? When transcation took place (To analaysis Limitation Act)


Above queries can give better insight to problem 


(Guest)

@ Mr. Singh

Please post your query in different thread so proper ans. can be given there by all 

Aravind   09 April 2016

Hello @madhu.. 

1. hindu and in tamilnadu

2. i think may be 2 0r 3 generations.. bt approximately more than 50years

3. no stamp duty and registered.. grandmother said she signed in a plain paper without her knowledge.. now oly she said about tat.. actually there a 3 properties.. one is flat like house and 2 lands.. her brothers and sisters sold it more than 2 crores.. but they oly gave 2 lakhs to my grandmother and they said she signed in document tat 2 lakh amount is enough for her and no need for any share for her..  

these happened becoz her daughter and son are married to lower caste.. 

now my grandmother not willing to fight for share.. becoz she wants peaceful with their family members .. bt she also felt tat her family done something wrong to her.. do her daughter and son gets share from tat..

can we put case for forgery for the sign?  but grandmother not cooperate.. she wont say it is forged sign .. 

now she say she can write a will about tat share .. after im die yu can fight and get.. 

is there any other way??


(Guest)

1) Instrument on which stamp duty and registration fee not paid is not admissimble as evidence in court of law

2) I prefer not to ans. tamil nadu query reason is that this state have different type of HUF so which one will be applicable to you , and what will be legal consequence I feel better your state Advocate only reply

3) Caste has no importance (Remove Caste from your mind, Everyone does it , nothing related to caste )

4) Criminal case better avoid , try for Civil Case because in civil case compromise can be done and criminal only punishment for opp. side and Police dept are not competent for civil law they are good for criminal law

5) When this transcation took place which year . This is also important 


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