Will deed property

omkar (Querist) 05 September 2015 This query is : Resolved
Sir,

Sir, it is my sister case. She got married in 2008. Soon after marriage, her husband started harassment, and asking her to get additional money or get the abortion of pregnancy, as he doesn’t want children at all. Later my sister came to our home (parent’s house) in the eight month of pregnancy. After one month, she blessed with a son and now he is 7 years old. We informed the same through phone to my brother-in-law and his relatives, but my brother-in-law/relatives didn’t come to see the new born child or mother. Later the new born child is at the age of one year, my brother-in-law sold 24 acres out of 37 acres of Agriculture lands through registered Sale deed to his own brother and nephew (mother’s brother’s son) keeping in view of difference between the couple. After knowing this we filed a 498/A case and Cancellation of Sale Deeds saying that as it is an ancestral property.

In his counter my brother-in-law stating that, the lands were originally belongs to his great Grandmother. In 1937, the great grandmother gifted the same lands to her daughter who is grandmother of him. In 1979, his grandmother given the said lands to him and his brother through registered will, as such it is his self acquired property, hence my sister or her son has no right to ask the right in the said property.

In view of above, I have the doubt that the Ag. land originally belongs to great grandfather’s property. After his death, the great grandmother’s name mutated in revenue records. thereafter the above transactions done, as such I am in the opinion that it is a ancestral property. Hence, my sister and her son will the share in the above said property.

Sir, please clarify that my opinion is correct or not and my sister or her son will get the share in the said property or not.

Regards

Omkar

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Kumar Doab (Expert) 05 September 2015
The lawyer engaged by you should have already advised you on the matter.

What is your lawyer's opinion.

Status of the property after Gift/WILL changes to Self Acquired.

You may however obtain complete records from local revenue office e.g. Patwari and show it to your able lawyer specializing in Family/revenue/property/civil matters................and well versed in local laws.

Rajendra K Goyal (Expert) 05 September 2015
First get all revenue record of the land from 1930 from revenue department, discuss with the lawyer.

ADV-JEEVAN PATIL, MUMBAI (Expert) 05 September 2015
Your his grand mother has no legal right to will or gift ancestral property. Take seach report or revenue record n fight