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chandra (csreddy_2001@yahoo.com)     30 June 2014

Property share

 

My Grand Father has 4 daughters  (no sons) , my mother is eldest. He has 45 acres land and 1440 square yards plot. In this he got 20 acres land from his father (after his father’s death , without will).  His occupation is agriculture. By cultivating his father’s 20 acres land, he purchased 25 acres land and plot.

In 1985  My grandfather done gift registration to  his 3 younger daughters (except my mother) of 1440 square yards. In 1992 again done gift registration to his 3 daughters (except my mother) 5.2 acers.   2 years back without  informing us he registered the 35 acres land to his 3 younger daughters.

Shall my mother has right on the whole property and how?



Learning

 10 Replies

amit kumar tewari (lecturer)     30 June 2014

i did love marriage in 2012,from that time my father is not accepting me and my wife.recently i became father with a baby girl.then also they are not accepting,from last two three years i have not gone to my house.because in their thinking i had did a big crime in front of society. ok iam fine with it.but now i want my share of property that is of my grand father and transfered to my father after he died,he is saying that till iam alive i will not give it to anybody,and this is my decision either i disburse it or give in charity. my mother is step mother with a girl,she is recentely married. from my father we are two brothers,one is elder and second my self. now my step mother also dont want to give any share to us,also she is now trying to sell the house and saying you both have nothing in this house. we have two house both are made by my grandmother,and 17 beegha agriculture land. now i want each and every share of my right.after sell of house where should we live.....leglay.(my brother his family,and my self) also tell me that did they have any right to stop coming home to me on behalf of love marriage. please give me right advise,plz,plz,plz,plz, email:amt2000@rediffmail.com mo:7791023816

Dr J C Vashista (Advocate)     30 June 2014

These are the two different situations/cases or single one in the same thread, one of them posted by Chandra and another (with some other details) by Amit Kumar Tewari, confusing, isn't it?

amit kumar tewari (lecturer)     30 June 2014

Dr J C Vashista

no sir these are seperete cases,my case is by name

amit kumar tewari

 

please give me advice what i have to do.

plz.plz.plz.plz.

Ganraj Malik (engg)     30 June 2014

We have ancestral properties which is divided into 8 parties but separation has not been done.We trying to partition these properties.Now all 8 parties have their names in form 1 and 14 of land records in goa.

out of 8 parites 6 are ready for partition and separation of these properties. kindly advise the best way in which separation can be done.Succession deed has been done by these 6 parties.

adv.raghavan (Advocate,9444674980)     01 July 2014

Ms/Mr.Chandra,

Your mother is eligible for a share on ancestor properties, and not on self earned properties of her father.

adv.raghavan (Advocate,9444674980)     01 July 2014

Mr.Tewari,

I request you to post a separate thread here after, as it is confusing. Coming back to your case, if the properties are ancestors, You have share in it, you claim for the same. But the onus will on you   to prove that the properties belongs to your grandfather. 

adv.raghavan (Advocate,9444674980)     01 July 2014

Mr.Malik,

If the remaining parties are not for partition, file a suit for partition. 

T. Kalaiselvan, Advocate (Advocate)     02 July 2014

@Chandra:  Since you say that your grandfather inherited his father's property, it becomes his own property, i don't think it will be an ancestral property, that way your grandfather has got every right to dispose his property as per his desire.If he intentionally avoids giving a share to your mother, he may be having a strong reason for doing so, see to it that if he can be convinced/cajoled to treat your mother also at par with her sisters.  As a grandson you should initiate some steps to attract him towards your affection to him which may bring some respite, try.

T. Kalaiselvan, Advocate (Advocate)     02 July 2014

@Ganraj Malik, there has to be some end to every beginning.  Since your ancestral properties were already decided to be shared equally or by any terms mutually agreed by all share holders, there should b no problem to have it partitioned properly and registered on each individual share holder's name.  In such a big family, the disagreement with one or more of the share holders is common, who will either live or will allow others to live peacefully, such sadist characters prevail everywhere.  A partition suit before a civil court will fetch you remedy though the time factor cannot be estimated.

T. Kalaiselvan, Advocate (Advocate)     02 July 2014

@ AK Tiwari: Your query was properly addressed in your previous thread itself, you may visit it to know about my opinion and that of other experts' opinions.


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