Ancestral property rights w.r.t hsa 1956

dear querist ,

1.file a application under order 39 rule 1,2 c.p.c for immidiate injunction and get stay orders on the house so that no one can sale or buy or change the nature of the property till the dispute is pending before the court.

2.as per the hma1956 after the death of your garnd father the property will  be divided in 3 equal shares 1.your grand mother2.your uncle.3.your father(your aunt will be excluded from it as daughters were not counted as sharer before the hindu succession amendment act 2005)

3.afer your grandmothers death in year 1998 ,she was free to make will of her share but if she didnt her share will be equally divided in 2 shares ,each for her sons or legal heirs of them,daughter will not get any share from it.

4.these rights are heriditary rights and no registration is required for it.

5.your aunt and her son have no right over the property and he can not sale or sign any agrrement of that property.

6.file a petition for partition stating all facts and if any mutation is done in favour your aunt or her son ,declarae it null and void .

feel free to call on my number for any query you had ;eft in mind.

Thanks Mr.Anish.

There's ANOTHER Case as follows

My-Father died in 1984. My-Mother was a Housewife when he died. Thereafter My-Mother purchased a Residential-Plot sized 2800 sq.ft from funds of My-Father.

However there is no proof of My-Mother using funds of My-Father to buy that Plot.

My-Mother stays with me.

We are 4-Brothers and each of us has ADULT CHILDREN.

My-Cousin connived with My-Mother and obtained her signatures on BLANK-PAPERS (even Stamp papers). He also got one POA made in somebody’s name. That somebody is not known to us and My-Mother does not disclose it.

My-Mother now wants to sell the Plot and keep all the money with her.

I suspect the following:

a. My-Mother will SELL THE PLOT. However the Money from sale of plot will be swallowed by My-Cousin .

b. My-Cousin will SELL THE PLOT without knowledge of my mother and swallow the money

c. My-Cousin will fraudulently make a WILL on BLANK-PAPERS signed by My-Mother to swallow the plot after her death.

Claiming it to be “Property bought out-From-My-Father’s Funds” Can We-Brothers (2 out of 4) or OUR ADULT-CHILDREN (As Heirs of My-Father) move the court for :

1. Injunction of SALE OF THE PLOT

2. Partition for SHARE of the PLOT sized 2800 sq.ft

dear Sir,

Grandfather having 3 chidren, middle son who was looking our ancesteral shop becomes died who was unmarried. The eldest son who is having one son & the youngest son of grandfather having 2 sons. Two seperate portions in front of each other belongs to the eldest son & youngest son. Now the major dispute is that :

1 One shop of middle son of grandfather looking after by grandfather after the death of his middle son.

2 one garage which were commonly used

3 One plot used commonly

Now the will would be made by the influence of eldest son on this disputed matters :

In first case shop will be looking after by eldest son

In second case garage will be used only by the eldest son

In third case the plot will be divided between both the eldest & yongest son equally.

Now is there any possibility for the youngest son to claim on disputed matters equally. At present grandfater is fully under influence of eldest son & he shows the interim will (not final) roughly. To be finalised later on. 

Kindly reply  

There's ANOTHER Case as follows

My-Father died in 1984. My-Mother was a Housewife when he died. Thereafter My-Mother purchased a Residential-Plot sized 2800 sq.ft from funds of My-Father.

However there is no proof of My-Mother using funds of My-Father to buy that Plot.

My-Mother stays with me.

We are 4-Brothers and each of us has ADULT CHILDREN.

My-Cousin connived with My-Mother and obtained her signatures on BLANK-PAPERS (even Stamp papers). He also got one POA made in somebody’s name. That somebody is not known to us and My-Mother does not disclose it.

My-Mother now wants to sell the Plot and keep all the money with her.

I suspect the following:

a. My-Mother will SELL THE PLOT. However the Money from sale of plot will be swallowed by My-Cousin .

b. My-Cousin will SELL THE PLOT without knowledge of my mother and swallow the money

c. My-Cousin will fraudulently make a WILL on BLANK-PAPERS signed by My-Mother to swallow the plot after her death.

Claiming it to be “Property bought out-From-My-Father’s Funds” Can We-Brothers (2 out of 4) or OUR ADULT-CHILDREN (As Heirs of My-Father) move the court for :

1. Injunction of SALE OF THE PLOT

2. Partition for SHARE of the PLOT sized 2800 sq.ft

Any answers ???