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balwinder s bains (Nil)     07 February 2012

G.father sold ancestl property ignoring right, share of gson

 

Please advise:
1. If a Grandfather leaves or get registered WILL (or ancestral property)in favour of his married daughter ignoring his only infant minor grandson or son of his recently expired son & his daughter in law or wife of his late son. WHAT IS THE EFFECTIVE LEGAL REMEDY AVAILABLE FOR THE DUO MOTHER & SON?
2. If the grandfather sold out (possibly he sold it out)the ancestral property and gifted all the money to his married daughter and paid or left nothing for his only grandson and widow of his son. WHAT CAN BE DONE TO TAKE BACK THE SHARE OF UNFORTUNATE KID AND HER MOTHER?    


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 5 Replies

Chaitanya_Lawyer_Mumbai (Lawyer)     08 February 2012

Ancestral property cannot be given by way of WILL.

 

1 Like

Shantilal Pandya ( Advocate)     10 February 2012

Ancestral property can be given by will to the  extent of  share of the  will maker ,  for  rest   the  person  who  acuires  interst by  birth  can  claim  property  by  partition suit 

1 Like

balwinder s bains (Nil)     12 February 2012

THANKS v much for your reply,

Can the partition be effected during the life time of KARTA? The grandfather in this case!

If he sells than what is the remedy?

Shantilal Pandya ( Advocate)     22 February 2012

the partition suit  can be  filed 

balwinder s bains (Nil)     01 April 2012

Please suggest the following;

1. A is grand father and he acquires property from his father B via will. As B has 5 sons and he prepares will in year 1962 and passes away in 1982 and ater his death the transfer of ownership is registered in equal parts with in 5 brothers. 

Question is?

  • Is it a ancestral property for the grand son and can he claim his share from the grand father in case he sells the property to her daughter? 
  • If this is not acestral property then how can grand child claim his share as his father iss no more? 
  • In aother case the possession was given by the graet grand ather to his 5 sons way back in 1962 but the mutation or registeration was not done in revenue records and GGF asked his 5 sons to file suit in the court and they filed and civil court issued degree to register the deed in the name of all 5 sons, Noe the Q is, Is it a ancestral property for the grand son? Can he claim his share or can file suit for declaration the sale deed void signed by his grand father in the ame of her daughter?  
  • Pls advise.  

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