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Quest17@gmail.com (SA)     25 December 2011

Ancestral property issue

Hi - There is a piece of ancestral agricultural land that is owned by 3 families. I'm 3rd generation member of one of the families. Initially the land was in the names of the 3 brothers( grand fathers) who have passed away and the property is right now in the names of the widows( grand mothers). The property now has come up for division.  Since my grand mother is old and is not in a position to read the documents at the time of division, what are the best options to obtain power of attorney or legal heir document from my grand mother. ?

Since my dad just passed away, who would be next in line( grandmother, mother) to claim the share of the property ?

Is there a provision to take the right of ownership from my grandmother ?



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 5 Replies

NAGAPPA B NESUR (PROPRIETOR)     31 December 2011

Dear All

A window is having mining right in the state of Goa in her name which she got as legal heir from her father after his demised. She is having some other property and heading her family(HUF) consisting herself, 2 sons(both unmarried) and three daughters(two married). She is not able to carry any mining operations and willing to make raising contract with some other party who are there is mining operations. Now the questions are:

1.    Is the mining right in her name is her individual property or ancestral property which shall be considered as HUF property ?

2.    Is such right in her name is allowed to contribute as capital(after appropriate valuation though the right will remain in her name) to a partnership firm and receive the income thereof in the name of partnership firm ?

I      Kindly clarify.

 

I

NAGAPPA B NESUR (PROPRIETOR)     31 December 2011

Dear All

A widow is having mining right in the state of Goa in her name which she got as legal heir from her father after his demised. She is having some other property and heading her family(HUF) consisting herself, 2 sons(both unmarried) and three daughters(two married). She is not able to carry any mining operations and willing to make raising contract with some other party who are there is mining operations. Now the questions are:

1.    Is the mining right in her name is her individual property or ancestral property which shall be considered as HUF property ?

2.    Is such right in her name is allowed to contribute as capital(after appropriate valuation though the right will remain in her name) to a partnership firm and receive the income thereof in the name of partnership firm ?

I      Kindly clarify.

Sudhir Kumar, Advocate (Advocate)     29 January 2012

Please check fromstate law whether agricultural property can be claimed by non-agricultural person.

Chaitanya_Lawyer_Mumbai (Lawyer)     09 February 2012

@quest17,

You can get POA from your grandmother.

The property should be divided in 3 equal parts first,then each part will be divided in sub-parts.

@Nagappa,

The property is self-acquired as it has not passed through 3 generations.

Yes.she can contribute to partnership firm.

rajeev khattri (owner )     18 February 2012

sir, I want to know that if grandmother transferred her property in favour of my father and after that she died, the property was earned by my grandfather in the name of grandmother. Now father is trying to throwing out me from this property (House). have I any legal right to take share in this property which was transfered by my grandmother in the name of my father?. what legal rights I have to take share in that property. please suggest me  on my email address i.e. khattri.rajeev7@gmail.com


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