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Lucky Delhi (NA)     15 June 2014

Rights in grand father property

Hello,

My sister's husband got expired in last year jul'2013. In her family, she is having Father in Law, Mother in Law, one married sister in law and unmarried younger brother in law.

My sister is having a daugther of 3 years.

Her father in law having a big property plots, agriculture land, residential house etc. He has sold out approx 70% anecesstor property and bought new (just SWAP the money from Agriculture land to residential one)

Just wanted to check whether my sister daughter having any right in his grand father property or not.

if yes what we should do, as we dicussed with them and they are not going to give a single penny. Recenlly her father in law transfered some property to his younger son (after the death of elder son) and this property was the ancesstor one and still having a joint property of her father in law + his 2 brothers..

 

Please suggest.



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     17 June 2014

Out of the ancestral property, your sister and her daughter have equal share out of the the share that was entitled to her deceased husband from the said property. Ascertain the details of th properties  and issue a notice for partition seeking separate possession of their respective shares in the property, if they do not come for an amicable settlement, you may proceed with a partition suit along with an application for injunction restraining her father in law from alienating or encumbering or transacting with the property in any maner before the disposal of the partition suit. consult a good local lawyer and proceed as per his advise.

Lawyer SALEEMA KABEER (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     18 June 2014

Your sister and her daughter are entitled to get share over the ancestor's property. Ask them to file a suit for partition on all ancestral properties including the properties which were sold out by her in laws without their consent. In the partition suit, all the purchasers also to be added as parties besides other sharers.


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