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Ancestors property right

(Querist) 29 August 2014 This query is : Resolved 
hi ,

I am Rohit from New Delhi.

My mother maternal l home is in Lucknow. She has 3 sisters and 2 brothers ( all are younger than her). my mother's mother has a house in chowk lucknow , now My mother's mother ( my grand mother) has been past away.

my mother's both brother go for partition in February 2011 , and elder brother took possession on home after paying some money to younger brother.



they made registry of this partition in the presence of my NANI then she was alive.

Now my mother wants to claim on the property for her share . Is it possible under provision of ancestor property law after Registry of partition. If yes , please suggest how..!
Anirudh (Expert) 29 August 2014
If they had done registry when your NANI was alive that means she might have gifted the property or WILLed it to them. If that be the case, then your mother cannot claim any right/share/partition.

Therefore, first you have to find out exactly as to how they got the registration done in their favour. Only thereafter your question can be properly answered.
P. Venu (Expert) 29 August 2014
Was it a partition or settlement?
malipeddi jaggarao (Expert) 29 August 2014
It appears your Nani has gifted the property to her sons. If it is her own property, your mother cannot do anything. Please checkup.
ajay sethi (Expert) 29 August 2014
answer queries raised by MR anirudh
Rajendra K Goyal (Expert) 29 August 2014
They have registered the partition in presence of your Nani, it appears that she gave her consent / was a party in the process for this. Whether it was settlement / gift / sale, in any case your mother has no share in it at present.

Since details of the document are not provided, get a copy of it from registrar office and show this to a local lawyer.
Rajendra K Goyal (Expert) 29 August 2014
If the property covers the definition of ancestral property, position may differ.
Kumar Doab (Expert) 29 August 2014
You may answer the queries raised by experts.
J K Agrawal (Expert) 29 August 2014
To answer properly is not possible without going through so many things but it is clear that if the house was not purchased by your NANI, or I am to say that if property came to your Nani from inheritance, they your mother certainly have in interest in the property. It makes no difference that what document they have prepared.
Anirudh (Expert) 29 August 2014
Dear Mr. J.K.Agrawal,
Nobody says that the mother of the querist does not have any interest in the property.
But, if the NANI, during her life time had disposed of the property (either by way of GIFT or settlement etc.) then can it be said that the mother of the querist has still subsisting interest in the property which she can legally claim? That is the issue.
P. Venu (Expert) 29 August 2014
The property, after all, appears to be a house only. Why not come to an amicable understanding and try to keep the sisterly/brotherly affection intact?
rohit rastogi (Querist) 30 August 2014
Many Thnaks to all of distinguished Subject Matter Experts.

I am really grateful to you people for navigation. In the same context , I do not have any registry copy with me here in delhi.
Is there any way to get it by online or some other channel.Else i would have to go to lucknow for the same.

please suggest.
malipeddi jaggarao (Expert) 30 August 2014
Ask somebody to apply in Lucknow.
T. Kalaiselvan, Advocate (Expert) 31 August 2014
@Author: In my opinion, as per your contents, the property in the hands of your grandmother was disposed by her during her life time, thereby neither your mother nor any other person will be entitled to any claim or share in the said property, hence better not to strain much on the unfruitful legal actions in this regard.


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