My Grandfather had 2 sons and 1 daughter, all three got married my Bua “Fathers sister” moved to Ajmer and my father and his elder brother opted to stay at home and watch over the farms and the Hotel together.
My father had a daughter and a son where as my taya “Fathers elder brother” had two sons and passed away around 2003 leaving my father, bua and his two sons as heirs to my grandfather’s property on his demise which was in 2006.
All of a sudden tensions ran high on property matters, my father wanted to distribute the property with friendly dialog to which my Bua said no and a fierce battle of words issued. She went off in rage to her home and calls now and then threatening of legal action if she is not given 40% of the property. My father has a bad heart and his BP shoots up the roof when my Bua call’s. In a recent call she threatened to take her share with accordance with hindu succession law which would not only provide her with 33.33% property but also evict us from our home which is also my grandfathers property.
All the property is ancestral property and though my father has not seen into any legal action, I wanted to have a grasp on how much my Bua says is true. So I went to a layer for advice he told me that since my family is a “Royal Family” and my grandfather was a recognized king by India we are not covered under Hindu succession law and as per such the law of the land would be followed. This would mean that my fathers elder brother’s son elder son would be given most of the property, Bua would get some jewel’s and we shall get some land and a house.
I know my father would be fine with it but my bua would not. Can she file for HAS even though we are a royal family and not covered under HAS? Can she use the clause of “Ancestral Property” and get 33.33%? How long do theses kind of cases last in the courts since my father wants to get me married and according to my bua we can’t use any of our Grandfathers property in the wedding proceedings meaning my vidie “Give away” will not be from my home but a hotel :( .
