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avinash pilla (manager)     26 August 2012

Grandfathers property

Dear Sir, Madam's

I am avinash  from Visakhapatnam , Andhra Pradesh .My grand father has expired in the year 2010. He has 1 son and 2 daughters (one of them is my mother). My mother got married in the year May 11,1984. When concerned with settlement of properties, my uncle and grand mother are not willing to give us any property . In actual this Property belongs to my mother's grand father which he has distributed among his 3 sons(one of them is my mothers father) . Hence i wanted to know whether my mother has any rights to acquire the property  as i didnt get any clarifications from my lawyers ,as some of them are saying that AP's ex-cheifminister Mr N.T.Rama rao(late) has brought some act in 1984 which says that daughters have equal rights who are married from the year 1984, and some are saying that daughters can acquire equal share,and few said some around 37% of share can be acquired, so if someone can please help me in this issue and guide me to proceed for  further settlement.



Learning

 6 Replies

Anish Thakur 7018812737 (advocate)     26 August 2012

dear querist,

as per your given detail and if you are hindu then -

1.the property in matter is no doubt a ancessotarl property.

2.your mother had full rights in the said property as a co sharer ,it mean your grand fathers property will divide into 3 equal shares among all sons and daughter of him

3.there is no question of marriage before 1984 or 2010 as hindu succesion amendment act2005 implied on all thos eproperties who are not settled and partitioned before year 2005 for all daughters whether they are married or not.

4.the property will divide in all sons and daughters in equal shares.

in case of muslim-


if you are muslim amd goverened by muslim law i have to know some more things like you belongs to sunni or shia community, whether doctrin of reliquishment is ever applied on your property or not.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     26 August 2012

If there has been no registered partition deed/court partition before Dec, 2004 then - your mother still holds a right on the property and can seek to get it culled out by a suit for partition. 

If Muslims - then during the lifetime of your mother's father - nobody has a right, after his life, his children get property, with sons getting double the of each daughter i.e 2/4 for son, 1/4 each for daughters. 

prathap (ADMIN ASSISTANT)     28 August 2012

Dear Sir,

I am prathap from Kovilpatti - Tuticorin district. My grand father have 8 childrens. 3 sons & 5 daughters. am elder son's son. Grandfather has expired on 1986. he has huge properties, enjoyed only his 2 younger sons.my father is totally cornered by his younger brothers. they are selling properties without any informations.now am willing to get stay order to stop selling the rest of properties.How can i proceed that? what i want to do. is there is any chance to share the properties & how to divide the properties? will you please guide me to do that? please expecting your reply at the earliest. Thanking you,

PRATHAP.M

+974 6660 3913

DOHA - QATAR

Anish Thakur 7018812737 (advocate)     28 August 2012

dear querist,

you can take stay in the above mentiond property by moving application under O39 RULE 1,2 for grant of ad interim injunction,yes if it is ancessostral property your father have equal right on that property no matter if that property is possesed by only two sons,you can seek petition for patition and possession from the court .

Azad (Jr Financial Analyst)     23 January 2015

Dear Sir,

I am Azad Khan from Kasan, Manesar - Gurgaon district. My grand father have 3 childrens. 1 sons & 2 daughters. am elder son's son. Grandfather has expired on that time my father was a kid. he has a propertie, my father was second marries and his 2 son and 1 daughter, my step mother was ask to my father for my garnd father properties his name, .my father is totally cornered by his my step brothers. they are selling properties without any informations .now am willing to get stay order to stop selling the rest of properties. How can i proceed that? what i want to do. is there is any chance to share the properties & how to divide the properties? will you please guide me to do that? please expecting your reply at the earliest. Thanking you,

Azad Khan

+9716641476

Kasan, Gurgaon


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