My grandmother aquired property by putting a suite against his brother
nandeesh
(Querist) 05 August 2012
This query is : Resolved
My grand mother has 4 male children and no female children.
In that iam Nandeesh 2nd son's son
My grandmother aquired the property by putting the suite against his brother (her parents property)
1.on August 24th 2011 she sold the property to a outsider / by putting witness has 1st & 4th son
2.without my signature she sold the property /now I put a suite against my grandmothers /buyer and two children's.
Whether I get the share or not
It' s not her self aquired property
Pls help
Adv.R.P.Chugh
(Expert) 05 August 2012
Whatever share your grandmother got from her ancestral property by filing a suit, becomes her absolute property - a daughter is not a source of coparcenory and is free to deal with her property during or after her lifetime through gift/will etc. Since she is the absolute owner - she is free to sell the property. Your signatures or concurrence is not required for the sale, and you cannot challenge it. The notion of coparcenory and birth interest in ancestral property operates when the property is in the hands of a male (grandfather/father etc)
Raj Kumar Makkad
(Expert) 06 August 2012
It is true that the notion of coparcenory and birth interest in the ancestral property operates when the property is in the hands of a male which is not applicable in your case hence the property in question is like a self acquired property of your grandma hence her sale is absolute and legal. You have no scope to succeed in the filed case.
nandeesh
(Querist) 09 August 2012
I have filed the suite Os no - 45
1. If my grandmother dies in between what will happen to the case what the court will decide
2.how many years the case will end
3.as per ur advise i will not succeed how many years to take the case will end
nandeesh
(Querist) 09 August 2012
In that one of the grandmothers son / he didn't get the summons issued from the court
What I have to do
nandeesh
(Querist) 09 August 2012
This suite is going in
Grandmothers father has wrote a will that all his properties belong to his son and not for her daughter
Equal rights for & woman amendment on 1979 she filed the case against her brother
On 1979 her brother expired through the compromise degree with her brother wife and children she got the property
