Tulika (Owner) 13 October 2012

Daughters right in ancestral property

We recently found that my mothers side possesses ancenteral property ranging nearly 80 + yrs in different states.

However Maternal uncles identified the land and have started selling these properties without any consent from my Mother. Please share your views in case we can hold the sale of identified and unidentified land by giving a notice to sellers( maternal uncles):

1. where papers show my mothers name in family tree ( Himachal pradesh);

2. where papers do not show my mothers name in family tree ( Uttrakhand ) as daughters name was excluded in those days ( around 1947-1950)

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2 Replies

Adv. Nikhil Seth (legal consultant (9867264707)) 13 October 2012

yes you cn hold the sale of properties you can file suit against your uncle and injunction application not to sell the property without your consent . Do it immediately.

Anish Thakur 7018812737 (advocate) 13 October 2012

respected querist ,

your mother have full right over the ancessostral property and your maternal uncle can not sale without your mothers consent ,for this you have to file injunction suit immidiate restraining all co sharers from selling that property ,

as you are saying that your mothers name is entered in family tree of property in hp and not in uk so make declaration regarding this also ,if your maternal uncle had saled out some of the property ,you can challenege that sale deed and it will definetly get cancelled.,no matter if the property is made in 1950 s but as per hindu succession amendement act 2005 every property which is unpartitioned is liable to distrubuted among all children including daughters, so your mother have equal share in the property , feel free to call on 9459321520 fr detailed advise and it will be matter of great pleasure to help you in this concern as we are also based in himachal pradesh and looking various courts of law in H.P..

regards,

Anish thakur

legalis consilio team,

9459321520

advocate_anish@imap.cc