Grand parents are not giving ancestral property
Nishant sharma
(Querist) 23 August 2014
This query is : Resolved
Respected Sir/madam,
My grand parents have ancestral property with them which is being carry forward from previous ancestors. My father has died few years back and from then on there was not much connection of my mother and our grand parents. Now my grand parents are going to divide their ancestral property between their 3 sons except my mother as they told that now my father is not alive, we have no right over their property.
Please advice can my mother or me can claim any right over the property of my grand parents which they have inherited from their parents and what is the procedure of doing this. this property belongs to kerala.
Kumar Doab
(Expert) 23 August 2014
It is believed that deceased was Hindu and Hindu Succession Laws shall apply.
The share of deceased (your father) shall devolve upon Classi Legal heir i.e. Spouse (your mother) sons and daughters................
You should consult a local lawyer and proceed under expert advice of your lawyer and your lawyer may advice to seek injunction for sale and partition............
Your lawyer may advice to obtain the latest mutation record and papers related to the property from Local Patwaari and also register your objection and request the Patwaari to record your OBJECTION (Aitraaj) in his record.................
ajay sethi
(Expert) 23 August 2014
issue legal notice and file suit for partition . also obtain an injunction restraining your granbd parents from alienating the properties
Rajendra K Goyal
(Expert) 23 August 2014
File suit of partition. Agree with the experts.
Shonee Kapoor
(Expert) 23 August 2014
Rightly said, you have a share in the property, which you can reclaim. Issue notice and then proceed with suit of partition.
Regards,
Shonee Kapoor
www.shoneekapoor.com
Facebook: www.facebook.com/shoneekapoor
twitter.com/shoneekapoor
Yahoogroups: http://groups.yahoo.com/group/sahodar
If you don't fight for what you want, don't cry for what you LOST.
T. Kalaiselvan, Advocate
(Expert) 29 August 2014
Not only your mother, even you and your brothers/sisters have right over the properties of ancestral in nature if it was not duly partitioned before 2005,hence as advised, a partition suit will be the only remedy.
