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nagesh.u (prop)     02 November 2013

Property rights for grand daughter of grand father property

Dear All, I am Padma from hyerabad AP. My grand father(died) porperty gifted to to my father later my father was gifted land 7.3 acre of 8.6 acre to my bother. After i request to my father he was gifted balance of 1.2 to me. Now i am asking to my father give equal share. But my brother was refused and he was not give my portion and he was gifted 4.3 acre his wife. Now my question is what is my actual share, how to get my share properly. My brother was blackmaild my father for that property. My bother was not interest to share the property to me.

I am married, my marriage held on 2009. Please help this issue. I met 2 lawyers they are not give correct information.

Regards

Padma.U

8686588956



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 5 Replies

BAALASUBRAMANNYAMM (Advocate)     02 November 2013

You are saying that an extent of Ac.1-2gts was gifted to you  and  Ac.7-3 gts gifted  to your brother, by your father. You should say whether these two Gift Deeds are registered or un-registered documents.  If these documents are un-registered documents, there is a chance  to made a claim through your father. If the documents are a registered documents in nature, now you have no right to claim, as you were accepted  the said extent of ac1-2gts at your interest and willing. 

T. Kalaiselvan, Advocate (Advocate)     02 November 2013

If the property is ancestral in nature and has been partitioned before2005, that your father was allotted with his share but your father did not equally distribute the property between you and your brother?  Whether the property was transferred on the basis of gift deed to your father by your father's father during his life time and the property was his(your grand father's) self acquired property?, if your father acquired the property through gift deed, he has got rights to dispose it the way he wanted it to be;  If your father transferred your brother's share in the property by gift deed, once the gift has been acted upon,it becomes your brother's exclusive property with which he can either sell it third party or gift/settle it to his wife, you cannot question his rights.  If above quoted things have not happened and that the property remained as ancestral property even as on the date of settlement by your father, you are entitled to one third of share in the entire property as coparcener by birth, i.e., an equal share as entitled by your brother.  Please clarify the above points and approach a prudent local lawyer in this subject for further course of action.

nagesh.u (prop)     05 November 2013

Sir, thanks for resolve my quary, but at the time my father having only 1.2 Acre. He told me we will convince bother, later rest of share will alloted to you. I am submiting the EC copy. on 17.09.2009 my father gifted 7.3 acre out of 8.6 acre. i am married at the year 2009 after my father rest of value 1.12 gifted to me on 04.01.2012. At the time my father told me clearly equal share will be gited after brother convince. But now he was not interest and do the his own way. So what can i do now?.

nagesh.u (prop)     05 November 2013

Sir , two are regested documents. pls comment on this

nagesh.u (prop)     05 November 2013

Dear Sir, I am sending EC copy.

Mr.Pandurangaiah ( Gand Father)

Mr.RamMallesh (Father)

Mr.Kiran (Bother)

Ms.Padma(me)

Mr.Nagesh(my husband)

Ms Swapna(my bother wife)

First agrement made on 17.9.2009 my father gifted to my bother extent 7.5 Acres 7.20 at the total land is 7.20 and 1.12.

after my marriage i asking my father for my portation, but at the time he having only 1.12 acres so he was gifted, rest of portation was asking my bother. but he was not able to give it to me. my question is as per your view. there is single time if i agree, thereis is no right to ask rest of poration. But my father was not a whole of owner he was only part of share holder, so how i am agree, he was blackmailed by his son(bother). so that is his fault. very clearly he was not a total peroperty owner, he also a share holder. so that i am asking. If at the time gift he having total land, why i am taking 1.12 out or my shre. Pls clerify. Find EC copy of total land from 1983.


Attached File : 990953623 encumbrance form - padma.pdf, 990953623 encumbrance form - padma.pdf downloaded: 101 times

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