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sarav S   06 September 2024

Right of ancestral property

 Sir

I got property share from my  mother  Elder sister the property was owened from  his Huband they not had any issue love affection  she settle the  property to me.on 2023 she pass away on2024.    She  got property  from his husband  on 1983 after sudden dismiss .  after familysettlement  from his father he got  property He is only son  his father and two younger  sisters  now i received  lawyer notice from younger sisters son and  grand childrenes stated that the property  consider as ancestral property they  want share  from this property  they already send same  notice my elder mother also


 kindly give  your suggestion consider as ancestral property or not


Thanks

S.Saravanan

 



Learning

 9 Replies

T. Kalaiselvan, Advocate (Advocate)     06 September 2024

The sisters' children cannot claim any share out of this property as ancestral property, because the property comes from their mother side.  If mother is alive or if mother is not claiming any share in the property then her children cannot claim any share in that as a right.  Property from mother side is not ancestral property.

Since you received a lawyer's notice, you can issue a reply notice denying their allegations. 

Any further opinion can be rendered only after knowing more details. 

1 Like

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     06 September 2024

Your narration is mixed up and is difficult to understand. I understand this way. Your sister's husband got property from his father through family settlement. I presume that he got the property when his father was alive. Hence the property was his and he could dispose it of in whatever manner he wanted. He had no children. He died in 1983. His wife, who was your sister, succeeded to the property as sole heir. She transferred the property to you in 2023. She passed away in 2024. Now you are the sole owner and no one else has any right unless they could find any kind of defect in the so-called family settlement within the limitation period.

saravanan s   07 September 2024

 sir 

 i received summon from  city civii court at chennai  from grand childrens  stated that they want share  from my property and  my  elder mother no wright settle the property  used sentence as fraud  because the yhey  property consider as antcestral  property

kindly give your option wheather approche the lawyer or sell out property

 

Thanks

S.Saravanan

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     07 September 2024

Your narrations are very confusing and difficult to undertand. Your brother-in-law got the property from his father through a family settlement. We here know nothing about the family settlement. As it was made by your father during his lifetime we have to presume that your brother-in-law got absolute right over the property No one else including his sisters had  right over the property. Your brother-in-law and your sister had no children. Hence we have to presume that your sister was sole heir to the property of her late husband. You get summons from civil court on a complaint from grand-children. Whose grand-children? According to you, your brother-in-law had no children. How can he have grand-children? Or are they grand-children of your brother-in-law's father through your brother-in-law's sisters? You are using the word elder mother. Who is elder mother? Did your brother-in-law have another wife and children, who called your sister, their step-mother as elder mother?

saravanan s   07 September 2024

 sir 

 i received summon from  city civii court at chennai  from grand childrens  stated that they want share  from my property and  my  elder mother no wright settle the property   to me used sentence as fraud in the summon   because the they  property consider as antcestral  property

kindly give your option wheather approche the lawyer or sell out property

 

Thanks

S.Saravanan

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     07 September 2024

This is a repetition of the earlier post?  Tell me whose grandchildren?  What is the meaning of elder mother? Who is the elder mother? Whose elder mother?

saravanan s   07 September 2024

  sir

 I received property share from my Elder mother she is blood own sister my mother. she passaway at age of 96year. since from 2000 i take care his health and every thing bacause of love and  affection  she settle his resding house.

The house was settle by his father in law  for his husband after death his husband she became leagal hire for the house   for his husband  had two youger sister they are pass away   the family settlement  done on 1963

  Now  i received summon from  one of younger sister  grand chidran   stated that  cancel tilele deed  

waiting for valuable option

Thanks

S.saravanan

 

 

 

T. Kalaiselvan, Advocate (Advocate)     07 September 2024

Once the court has served you the summons, it becomes your duty to appear before court and record your objections through a written statement and participate in the case, get it dismissed on merits as well as with the support of documentary evidences in your possession.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     08 September 2024

As Adv. Kalaiselvan says you have to appear before the court, present your side of the case with documents and other things and get the case dismissed that is the case decided in your favour. But your question here is whether you have a case. Your narration here is poor and difficult to understand. According to my analysis the history starts from the father-in-law of your mother's elder sister. I call him A. His son i.e. husband of your big mother B,  your big mother C  and you D.  A had one son B and two daughters. The propery under question belonged A. Normally B and his 2 sisters would be legal heirs. But A transfered it to B through what you say was a family settlement. I presume that it was a legally valid transfer and 2 sisters of B and their decendants can have no claim on the property after that. B and C were husband and wife and they had no children. When the husband B died the wife C became the sole heir to the property. D was the nephew (sister's son) of C. C transferred the property to D during her life time whatever may be the consideration.  C died in due course. D is now the owner of the property. In other words the property belongs to you. The term ancestral property has no relevance here. When A transferred the property to B, the sisters of B and their descendants have lost any claim.

You need a competent lawyer to prove your claim in the court of law. The family settlement is the important document. 


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