Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ram   01 September 2015

Ancestors property

Hi,

My Grandpa died 20 years ago. He had a land on his name which he got from someone. He never wrote a will on this to be partitined among his children(two sons and two daughters). Now without the consent of my mom and aunt(daughters of my grandpa), my uncles have partitioned the land and registered it on their name last November. Does this stand Valid? Will they be able to do agriculture or sell the same? Can anything be done to get a stay order and repartition it on the name of the all the four people.

Thanks



Learning

 3 Replies

Krishna Murthy Pasupula (High Court Advocate )     01 September 2015

1. The property is in the name of your grandfather- How he got that property is unknown? Then property link is missing.

2. WITH OUT Will - Property distribution after death in question?

 a. The property of a Hindu male (dying intestate) is sharing among his heirs according with section 8 and 9 of The Hindu Succession Act, 1956

 b. The surviving sons and daughters of the intestate get equal portions.

Hence your mother and aunt can claim their share in the property and file a partition suit. 

Ram   01 September 2015

Thanks for your time and reply.

The property 'was' in the name of my grand father, without our consent and without us knowing, they have partitioned it among them both.(last november)

Property was sold to my grandpa from some other person, property links are proper.

By Failing a suit, will this be property be protected from being sold to someone else or to be used for agriculture

Thanks again

saravanan s (legal advisor)     01 September 2015

then as told by learned adv you can file a partition suit to claim your share and also obtain an injunction over your uncle to restrain him from proceeding with any sale of the disputed property


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register