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Geetanjali (not working)     29 January 2013

Property

i am resident of Delhi, Need your help on following:

My father had 3 brothers and 4 sisters and my grandfather had a property in delhi. he died long ago and even my father died few years back.

grand father's property was being used by my two uncles all these years. recently they have sold the property and shared the money between the 3 brothers and did not even hint us.

my mother is a widow now and stays with my elder sister as she is not having any other place to stay. 

can you please let me know if she has any share in the property and what should we do now. all these years we were thinking that whenever they will sell the property, my father will get his share. 

 

 

 

 



Learning

 8 Replies

Advocate Vishnu (Advocate)     30 January 2013

How did your grandfather acquire the property...? ( self acquired or ancestral). Has he left behind any WILL...?

Geetanjali (not working)     30 January 2013

he bought the property. i am not sure about the "will thing" but my eldest uncle got some papers signed from him and had the right to sell the property. therefore, even the other uncles have not got equal share. but they have got some money

Advocate Vishnu (Advocate)     30 January 2013

If there is no 'WILL', then the property will have to divided among all the legal heirs. In your case, there are 7 legal heirs so each one is entitled to 1/7th of the property. Your mother and yourself will get the 1/7th share that belonged to your deceased father.

Geetanjali (not working)     30 January 2013

How can i confirm, if there is any will or check the registary. Property is already sold and even demolished. We are now not on talking terms.

Alokdutt (Manager)     30 January 2013

Dear sir's,

 

Can anyone give comments that i have asked 18 days ago?

Dear Sir's

i have question to ask, One of my cousins property was taken away illeagly excuting sale deed without daughters signature.

The granny's first grand son in the year 1991/1992 this act of my cousin brother only came to light last year and a case has been filed.

The property is a undivided hindu property (HUF) , The property belonged to my granny's brother . Who died in 1993 and his wife passed away around 2005. My cousin is engineer in bracket , he was without job and went to village and asked that he would cultivate the land and give half the share. taking pity on him my granny;s brother said to cultivate, unfortunately this brother (Cousin) has made half the property in his name and made the other half in my granny's brother's son who has know worldy knowledge. in 1994 /95. He had taken a loan in SBM and did not repay it , finally the surety who were is brother and father (Accused) paid the amount. The funniest part was when we took the paper to see if this was mortgaged in bank, it was not showing in the papers of pani( Record of rights). When my cousins asked my cousin brother to vacate the land, he threatened them and said the land does not belong to them and it is his as he was cultivating for 20 years, however in general he cultivated for 3 years and was absconding from police and bank officials.

Now that in 2011 all this fight happened and when we pulled records he has made property half of it in his name and other in another cousin . But there was another paper in SBm which he had pledged 5.5 acres where as he made 3.75 acres in his name? Now we have filed the case stating the property was not divided at all and when daughters came forward to ask for their share. they were stunned that half the land was not in their name. When father passed away neither the land was transfered to wife, it was directly done in son's name by my cousin brother. No where in the document can one find daughter's signature. As my granny's brother had 4 childrens 1 son & 3 dauthers. Even they do not know when this transaction happened.

Is there any binding on the purchaser as per hindu succession act 2005?

I request humbly for your answers, if their is any clariffication let me know.

The above property is ancestral, Anybody has a writeup about ancestral property act?

 

Thanks

Dutt

Advocate Vishnu (Advocate)     31 January 2013

You must go to the local sub registrar's office and apply for an encumberance certificate. This document will reflect if any WILL / mortgage has been taken on the property and who the present owner is. Pl initiate legal proceedigs immidiately.

Geetanjali (not working)     31 January 2013

Thanks a lot for your advise. Can a advocate do it on our behalf?

Advocate Vishnu (Advocate)     02 February 2013

yes. 


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