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Brahmam (Office boy)     24 March 2010

Legal Rights

My mother's foregrandfather Late sri Kashiah had 20 acres of land in Nalgonda dist. during that time after kashiah expired the property was enjoyed by some relatives. no single yard my mother enjoyed.

please advise me if the property belongs my mother's foregrandfather, can my mother having any right to get the share in that property.

i request you kindly advise in this regard.

  



Learning

 5 Replies

D.K.Lakshmi,BL.MBA(HR) (Legal Executive)     24 March 2010

your mother have right to fight against this regard, consult civil lawyer in your city/village.

Thank u

deepchand (afdsf)     24 March 2010

5 daughters & 2 sons to my grandfather. Total his proprerty was dvided 25 years back.I am the son of 1st son of my grandfather. My grandfather expired in 1995 & My father also expired in 2002 year. After that properties are changed to my name in registrar office and lands are complete posseion by ourselves. In 2006, my aunts have filed a suit with the help of my uncle( My dad's brother, he is looking for whole property with the help of aunts)that equal rights they eant in my grand father's whole property. Actually, we showed and have all proofs but due to some reasons, our case is failed in lower court and every one got share in the property.After that, we got a stay from hight court and running now. My problem is, my aunts are coming to compromise.even i am ready to give what they want. My uncle( dad's brother), already compromised by doing GPA to My uncle's wife with all my aunts. In that GPA, everyright they have given to her.Now, they are coming to compromise to me. In which way should i go for compromise??

Relinquishment deed is the solution in this case even they have given GPA to my uncle's wife.

Pleasea help me in this scenario.

Prem Krishanan ( Legal)     25 March 2010

Dear deepchand, you have to clarify few points here

Your grand father has 2 sons and 5 daughter, right and yourgrandfather has divided his  property 25 years ago.i.e in the years 1975('am i right here). Now my question is among whom all has he given the property to? and Was the partion registered?

Assuming that the property was divided among the sons only, and on death of your father you inhereted his property. if it is so the property solely belongs to you if you are the only heir to your father, Now I would like to know on what grounds did the lower court dismiss your case?

Now on the question of compromise, It depends on the papers/documents you have. If their is no registered partion deed, you will have to enter into a fresh partion deed, or arrangement or file a comprimise petition before the court, on that basis you can share the property as per the compromise reached.. GPA General Power of atorney is only an authority given to a third person to act on his behalf. that does not mean your uncle has given the property to his wife.

So first we have to ascertain your rate of sucess and then compromise the matter.

deepchand (afdsf)     25 March 2010

Thanks alot Premji.
 
Actually , may father & uncle were divided in 1984. It was oral partition. After death of
my grand father, we got passbooks & muncipal registration for houses individually. My father
was expired in 2002, after that total property comes to me with all passbooks & registered.

My aunts, they filed a case in 2006. Actually ,we have all proofs to show them as we were
partioned.But , due to unethical things, we lost the case lower court. We tried in lower
court, majorly againist to 1985 act in Andhra pradesh. As per this law, they get equal rights
who are married after 1985. We sold the property to her before this case. but actually
what happened, we did gift registration to Main plaintiff(have did gift deeds to herMain palintiff( Last daughter of my grand father, married in 1987).
Its the mistake, she has not done sale registration, Gift registration happend during that time.But, even
it clearly shows the ownership of ours.but not considered this point. Me & My sister
are the legal heirs after death of my father, but they not included my names in the suit.


When suit was in lower court, as per lawyers suggestion, i did a sale deed to other person.
because you are not part of this suit he said. So i did it. But, court not considered this
registration and given judgement that 2.5% to first 3 aunts& grand mother & 22.5 % to
2 daughters & 2 sons. Actually, before judgement in lower court, my uncle did GPA & its is
registered in resgistrar office with first 4 aunts on his wife's name.

Ok, we both( uncle & me ) combinely filed the case under the smae lawyer in High court AP against to this judgement. In GPA, they have given
every right tot him. Now, my uncle is telling i got first 4 aunts share to me. Actually,
my aunts are now telling that we are ready for compromise to me.

To me, all 5 aunts are aready to me for compromise, but not for my uncle( Main plaintiff &
he got clash afterwards).

Now, i want to compromise with first 4 aunts now.In which way, should i go now. Either with
all 5 aunts or first with 4 aunts and later with other aunt.

Suppose, if i want to go with first 4, relinquishment deed will work against my partioned
lands & houses. What content should be in relinquishment deed.

Please suggest me how to proceed.

deepchand (afdsf)     25 March 2010

and it should be strong for our appeal in highh court even if my uncle not compromised with plaintiff


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