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T Narasimha Murty (Partner)     12 October 2012

Ancestral property - right of granddaughters

Hi

Before explaining the dispute -

I would like to make my family tree clear. My Great Grand father has one son and no daughters. My Grandfather has two sons and no daughters (my father being the elder of the two). My father has two daughters and one son (me). My paternal uncle has one son and one daughter.

My Great-grandfather bequeathed all his property to two of his grandsons (as his only son was deaf and dumb) keeping his daughter-in-law as custodian.

The property comprised of a house, two pieces of vacant land and a complex of shops. My father and his younger brother alongwith their mother have

1) Transfered 6 cents (one-third) of one vacant land to one of my sisters in 1986.

2 ) Transfered another 6 cents to another sister in 1996.

3) Transfered the remaining 6 cents of the same vacant land to my female cousin (paternal uncle's daughter) in the year 2000

4 ) Registered the house and the second vacant land, after making fair partition, in my name and my male cousin's name in the year 2004. These two properties were divided equally and two separate registrations were executed.

5 ) The land, on which shops were constructed, was left unregistered in the name of my father and paternal uncle as per the will of my great grandfather. These shops were constructed by my father.

Dispute : Now my sisters are claiming equal right over the properties received by me in partition (which is registered) and my share of shops (which is not registered) as well. Filed a civil suit against me.

Note: My female cousin has no dispute with my male cousin. She is happy with the share she was given in the year 2000.

Question : What is my status as to the ownership of the properties?



Learning

 1 Replies

Advocate Rohit (Advocate)     12 October 2012

then you need to challange the 6 cents transfered to your each sisters as they cannot enjoy that alone and ask you to share your property with them.

 

kindly ask your lawyer to show how the total partition was done in the family. further, since the sisters got the property which was an ancestral therefore, they cannot keep the same with themselves and ask you to give share in your property.

 

Regards,

Advocate Rohit Dalmia

9324538481


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