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Unanimous   24 December 2017

Daughters sons share in grandfathers property

My Grandfather was a member of HUF till 1968 on patation he got his share of property which my uncels want to sell now.

we objected and asked for our mothers share which they ignored and we want to proceed legally.

please note that our mother passed away before 2005 and she was married in the year 1975. Our grandfather passed away in 1980.

My uncles say that our grendfather has partationed his property share during his life time among his sons in the year 1978 and they have the papers which we don't belive.

please let me know what will be the procedure to get the partation deed registered and what will be our chance of getting our mothers share if the partation deed is not registered.

can we consider this property as ancestral for our grandfather or us or self acquired.

Thanks.



Learning

 11 Replies

G.L.N. Prasad (Retired employee.)     24 December 2017

Do not presume things and spiol the relationships, and contact local Advocate and always belive in mediation.

Unanimous   24 December 2017

Thank you sir, but the relationship is already spoiled and we do not see any other alternative apart from procedig legaly.

P. Venu (Advocate)     24 December 2017

You can file a suit for partition.

Kannan.R.T.S   25 December 2017

By R.T.S.KANNAN, ADVOCATE: First you apply for Encumbrance Certificate from concerned Property Registration office where property is situated. From which you can find if any partition has been taken place. If registered partition was taken place prior to December 2004, your chance is less. Even otherwise since your mother and grandfather were died prior to 2005 you take proper legal advice before venturing into any litigation. Legal points to be worked according to the factual situations. Pls.

SHIRISH PAWAR, 7738990900 (Advocate)     25 December 2017

Daughters have share in father's property. Appoint Advocate and file suit before competent court.

Unanimous   25 December 2017

Respected Sir, we have applied and got an Encumbrance Certificate based on the registration document of the said property from the date its registered to till date and its still in the name of our grandfather and as per the EC there is no mention of any partation in it.

Kannan.R.T.S   25 December 2017

Dear sir/madam, there is lot of intricacies and nitty gritty in it, everything cannot be discussed and decided here, you tell all the facts to the lawyer whoever you want to engage and let him decide. Don't speculate things without any proper advice, pls. Thank you.

Unanimous   25 December 2017

Kannan Sir, trully accept with you. but just wanted to be sure about our stand before going to an advocate so that this can be of some help to me and have some confideance bfore moving forward.

Thank You.

Kannan.R.T.S   25 December 2017

Ok go head, all the best.

Unanimous   25 December 2017

Thank You Kannan Sir  yessmiley

R.Ramachandran (Advocate)     26 December 2017

You say that it is a HUF property.  You also say that your grandfather expired in the year 1980.  Your uncles say that your grand father had partitioned the property during his life time in 1978 itself.

Your mother had expired prior to the year 2005. I assume that she expired after your grand father.  If that be the case, why did she not agitate about her share in case no partition had taken place during the life time of the grandfather? 

I strongly believe what your uncles say appears to be correct.  In any case, if you still feel that what they are saying is wrong, you may approach the Court, but it appears your chances of success to be very bleak.


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