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Arindam Das (Service holder)     07 November 2024

Query against a property issue

I have an Ancestral house. My grandfather was the owner. Later it was mutated to his children (XXXX & others). He has one daughter (suppose M) she was married and died also. Regarding property claiming she was never interested and told that she dont need any portion of that house. She had one bachelor son (Died) and one daughter (Suppose B) (Married and Died). B died lastly and she had also told before death that they dont claim any portion of that house. Now B has one son and one daughter. After their mother death they started claiming the property percentage. We dont have any evidence that M and B denied that they wont claim any property portion. We rest people are in very difficult position now. Someone can help us please.



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 8 Replies

P. Venu (Advocate)     07 November 2024

Are you in possession/occupation of your property? If not, how you are connected with the issue?

How is that the property is ancestral? 

Other than the daughter M, who are the legal heirs to the grandfather?

kavksatyanarayana (subregistrar/supdt.(retired))     07 November 2024

Please refer to the above doubts to clarify you.

Arindam Das (Service holder)     07 November 2024

Other than daughter M, my grandfather has 4 sons.

I am not in possession right now, but my father is the only child alive and he is one of the children of my grandfather.

The property was of my grandfather..

P. Venu (Advocate)     08 November 2024

Prima facie, the property is not ancestral. As such, it has devolved upon all the legal heirs after the lifetime of the grandfather. And such, they have the right to enforce their claim unless they had relinquished the same through a registered deed.

Arindam Das (Service holder)     08 November 2024

No registered deed was signed, everything was by verbal communication only.

T. Kalaiselvan, Advocate (Advocate)     08 November 2024

The legal heirs of the deceased legal heirs can very well claim a share in the property as a right.

Therefore instead of allowing the issue to proceed through civil long stretched litigation, you may try to find solution through amicable settlement. 

Dr. J C Vashista (Advocate )     09 November 2024

Very well analysed and advised by learned experts.

It is better to consult and engage a local prudent lawyer for better appreciation of facts / documents, professional advise and necessary proceeding.

Arindam Das (Service holder)     09 November 2024

Thank you everyone for your valuable comments.


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