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akhilla (other)     18 July 2013

Property

 Respected sir,
There are 4 daughters and 2 sons(D & S) and there is a Ancestral property(maternal grand father property)of measuring 25 acres.after the death of maternal grandfather, the property transfered to the father of (D & S) 50 years back and father of (D & S) sold the property of 10 acres for lifting of family,remaining land measuring 15 acres is transfered to the 2 sons with out intimating to the 4 daughters 16 years back and father of (D & S) died 14 years back.Father of (D & S) when he is alive and from the death,4 daughters are asking for their shares and the two sons and father(when he is alive) is are delaying the matter,recently one among two sons died,now the daughters are came to know that land is transfered to two sons.Now my question is whether 4 daughters have a right on remaining land of 15 acres.please reply sir how we should proceed and which act we should use.thanks a lot.



Learning

 2 Replies

Senthil Kumar L (Advocate)     18 July 2013

 

Akhilla

 

1.   You have to highlight how the transfer took place between your father and your maternal grand father (whether your grand father settled the property or gifted the property or transferred by way of sale) ?

 

2.   If the transfer of property by your grand father by way of absolute sale for valuable consideration then you are not having any right over those properties.

 

I assumed that the property was transferred by way of settlement or gift for no consideration you all have equal rights in the ancestral property and you can claim your right over the property from your brothers or brothers legal heirs.

1 Like

akhilla (other)     18 July 2013

Respected sir,land transfered from maternal grand father to father by the way of settlement after the death of maternal grand father 50 years back, but my question is partition among two sons taken place 16 years back with out knowing to 4 daughters.now we have an rights according to

Hindu Succession act 1956   or   The Hindu Succession (Amendment)-2005 act or by any other act.

is there any problem with limitation act article 110. please reply us


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