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Harish Kumar (None)     09 July 2011

Ancestral Property Issue - Please Advice

 

Sir,

 

I bought a farm land in Tamil Nadu in the year 2006 and have received a summon from court that says that the grand daughters have not signed it. Here are the details on relationships.

 

1. The grand father bought the land around 1965 and have gone to only two sons after his death

2. One of the son expired around year 2000. This son left with a widow and 2 married daughters.

3. When I purchase a land from them, one son and a widow of the another son signed the document.

 

As they are known to family, I took their word while registering without knowing that the daughters need to be signed. Duaghters knows very well about the dealing that happened in front of them.  Now, the land cost has high rocketed and 2  daughters need their share.

 

These 2 daughters are married before the year 1989. The notice says that the properties are still undivided and their share of 2/6 need to be returned back to them. 

 

I request your advice in understanding whether will they succeed in the court. If the share needs to be given to them  how much it suppose to go to them from 5 acres of land? Any other details that helps me before I talk to a lawyer locally.

 

Thanks in advance.

Harish



Learning

 3 Replies

niranjan (civil practice)     09 July 2011

Whether at the time of purchase,were objections invited by public notice?Out of five acres,2.5 plus 1/3 of 2.5  i.e. (40 gunthas=l acre and 2.5 acres = 100 gunthas)so out of that 33 gunthas right of widow is sold to you,then only remains 66 gunthas tobe given to daughters i.,e. l acre and 26 gunthas.If they are asking for partition,let them file the suit.You have already paid considerationof 2.5 acres,now if daughters want their share they can ask from their mother.

Harish Kumar (None)     10 July 2011

Thank you Niranjan Sir. We haven't  invited any public notice.

Harish Kumar (None)     26 July 2011

Sir, I had a discussion with a lawyer over here regarding 1989 TamilNadu Act related to property. As per my conversion, the act can't be used as this law is not amended in Tamil Nadu as in Karnataka before 2005 Central Act. Is this true? Thanks.

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