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Author :
Pardeep
Posted On 01 May 2012 at 22:35
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Dear Sir or Madam,
I'm writing on behalf of my mother on 2 issues:
1. The eldest of her brothers in Canada forged her signature to get rights to property in Punjab inherited from their deceased father. My grandfather had bequeathed it to the sons, but it required a release from the daughters in order for them to be able to sell it. She was not agreeable to releasing it as they had never helped her over the years.
2. My mother and father are divorced due to his unwillingness to hold a job. He never paid any alimony. Recently his father died, and left my father some property in Punjab India (a number of fields). My mother has not remarried, my father has 2 more children. Would my mother or her children have any rights to the unearned property my father just inherited in Punjab India?
I appreciate any guidance or referral to any party that could be helpful in this matter.
Kind regards,
Pardeep.
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Expert :
ajay sethi
Posted On 01 May 2012 at 22:40
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1)she will have to file police complaint against her brother for forgery in punjab .
2)your mother has divorced her husband . she does not have right to any inheritance received by your father . she does have right for maintenace from her husband
your father can during his lifetime dispose of the property or bequeath the same by will . his children dont have any right to property unless said property was ancestral
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Author :
Pardeep
Posted On 01 May 2012 at 22:42
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Thank you for your quick reply.
The property in issue number 2 is ancestral.
Ref item 1, what happens if the rogue brother has already sold the property in haste?
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Expert :
ajay sethi
Posted On 01 May 2012 at 22:45
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she has to challenge the sale as her signature had been forged . in the alternative ask for share of sale proceeds
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Author :
Pardeep
Posted On 01 May 2012 at 22:47
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Thank you Ajay. I am currently in UK. What is the procedure in India to find out the scope of property and place a claim?
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Author :
Pardeep
Posted On 01 May 2012 at 22:48
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How do I get in touch with you?
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Expert :
Shonee Kapoor
Posted On 01 May 2012 at 23:28
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I agree on first part of query resolution by Ld. Sethi.
However, I differ on second aspect. You being the child has equal right on the ancestral property. You can file your claim in civil court in the district where the properties are located.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
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Expert :
Devajyoti Barman
Posted On 01 May 2012 at 23:41
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1. Your mother can file a suit for partition to claim her share.
2. In the second query your mother has no share in it though you have share in the property left by your father.
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Expert :
Shashikant Patil
Posted On 02 May 2012 at 17:16
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In the context of issue no.1, unless and untill, your mother do not relinquish her rights by way of registered relinquishment deed, her rights are reserved in the said property as per Hindu Succession Act 1956.
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Author :
Pardeep
Posted On 18 May 2012 at 01:06
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Thank you for your responses. There is ancestral unearned property on my grandfather's side. Is it possible to file a claim on behalf from the UK, or will it require a trip to India?
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