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Aji (NA)     14 June 2015

Ancestoral property rules

My uncle has inherited property from his father(i.e. grandfather). He has registered the inherited property in his  sons name when they were minor .  Now there is a dispute between the sons and my uncle. They dont look after him. His brother looks after him.  

Can my uncle revoke the inherited property registerd to his son back to his own name? Is there any law for this?

Can he file a case against the sons as they are not looking after him? One of his son is a government servant, Will his job be in danger in case my uncle files a case against them?

 

Please advise



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 5 Replies

saravanan s (legal advisor)     14 June 2015

now its not possible to revoke the settlement. senoir citizens can claim maintenance from their children under Maintenance and Welfare of Parents & Senior Citizens Act by making an application to the tribunal.If a senior citizen is abandoned, the children can be imprisoned for up to three months or fined up to Rs 5,000 or both.

Aji (NA)     14 June 2015

Can you let us know what procedure has to be followed to revoke the registered ancestoral property

Adv Akhtar Ali Sheikh (Property Law Consultant)     15 June 2015

How did uncle register the property in his sons' names, if by valid gift, very little chance. Naturally the property will come first to his name, and if the property did not come to his name he would not be able to transfer, hence chances are that the uncle would not have had the right to transfer it without him having the same. In other words if sons registered deed is invalid all the right in the property would still vest in him which can be seen from the nature of document executed.

Sudhir   15 June 2015

Is there a law that in case if all the ancestoral ptoperty is on my grandfathers name & after his death property will be diveded in 1/3 of partitioin (i.e. on my mothers name, my younger brother & me.)...... And also if my mother is step mother & brothe is step brother........

 

Jayachandra Babu   15 June 2015

My Grandfather(mother's father) purchased about 7 acres of land in 1950. In 1961 he made a SETTLEMENT DEED to his only daughter who is my mother. My mother has two sons and a daughter. In 2007, My mother has done settlement deed to my younger brother without telling me or my sister. Is it legally ok? 


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