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kvellaisamy (proprietor)     12 October 2012

Property in wife name gifted by grandfather

hi,
 i am from chennai and i have some doubts about the property owned by wife that is gifted by grandfather (father of father)

total undivided property size is 3600 sq.ft and the was registered in 20 years back in the name of three person (my wife and other two brothers). but my aunt and uncle never told anything about the property and they sold 1200 sq.ft (2007) of the land and builded the other 2400sq.ft ( G+1) of land with the money they received from the sale.

i came to know about this issue just 6 months before i didnt respond anything and now they refuse to give the property of wife share.

they are saying that property is only for sons not for the daughters.

i do not know how to proceed in this situation, please someone guide me.
 



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 3 Replies

Anish Thakur 7018812737 (advocate)     12 October 2012

dear querist ,

why you are posting queries in this forum and waiting for the reply just go and file suit for yours wives right ,

your wife have equal right over the property alongwith 2 brothers  it means your wife is entitle to get 1/3rd share in the property , file suit for cancellation of sale deed and for the partition of the property ,also file claim for the mean profit ,feel free to call for detailed advise.

kvellaisamy (proprietor)     13 October 2012

Thanks for the reply and i have some more doubts on this

1. is it possible to transfer the property of my wife share to two other brothers with out the signature from me( being as husband)

2. 5 years before my wife's father taken a signature from my wife in some documents with out saying the property details and i dont know anything about the document what was written in that. but the document is not registered

i dont know whether it is a wil document / transfer document

when we asked for the details he said sign is required to sell the portion of land but that time we never know that my wife has share in the property , now my uncle denies that he didnt get any signature from my wife.

is it possible to cancel the docement by anyway.

3. now the property pledged in the some bank and loan is going to close with in two years, they are paying the full loan repayment from the rent received from the building.

4.i heard that, suppose if i want to file suit against the two brothers, whether i have to pay huge amount as a stamp paper  based on the property value

please guide me how to proceed now.

Anish Thakur 7018812737 (advocate)     13 October 2012

dear querist ,

1. there sis no need of your signature to transfer your wives share or property ,her signatures/consent is enough for that .

2.as your wife is literate / mature enough and in good mental health it will be difficult to proove that signatures are taken fraudentually however you can take defence of good faith.

3.just file suit for partition by your wife  and you can save court fee, feel fre eto call.


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