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nj (business)     20 September 2012

Ancestral property

iam residing in punjab and belong to punjabi family. my father has 4 sons and two daughters. one of my sister is died. my father has 7 acres land. my elder brother has left home after getting married. never returned till date to our home. before the death of my father he transfer or get registered this land between three bothers. but this 7 acres land belong to his ancestral property. Now our elder brother has put  court case on us that becuase this property is ancestral property and he have full rights in it.

now suggest whether his claim is right or not? can we win this case or not



Learning

 9 Replies

andz (clerk)     21 September 2012

when you have a right to your ancestral property , then does your brother too. .

Anirban Gope (Advocate)     21 September 2012

YOuu have to be more specific. Transfer by which mode? It is very much hard to tell you in this manner for that documents matter.After that  one can only tell you that you have any good ground or not nothing else. An advocate can tell you the fate of the case but he can predict in support your document.

    Thanking you.

nj (business)     21 September 2012

by the nature of will the ancestral property is registered between three brothers.

no u tell whether there is base or not to fight the case.

rohit awasthi (student)     22 September 2012

does an oral agreement among the coparceners of an HUF has some legal value or not ? for instance a person called Mr. A has 3 sons & 2 daughters. he bought a land in d name of his wife Mrs. B. His 2 elder sons built a house on that land employing their personal incomes. now after 29 years, Mr. A , Mrs. B ,their 2 sons & 1 daughter are deceased. no one left any will. but when all of them were alive, there was an oral agreement between the 3 sons & 2 daughters that the 2 daughters will never claim their share & only the sons will have the right on their father's property to which the remianing 1 son & 1 daughter testify. A claim has been made by the widower of the deceased daughter on behalf of her legal heirs for the partition of the house and claiming 1/5th share. now does the oral agreement cancels out their cliam ????

andz (clerk)     22 September 2012

@nj-your question's lack clarity . . . as mentioned by Anirban Gope . . . . @Rohit awasthi- the same goes for you too . . . . why dont you post your question's with some meaning and clarity ? - n when every body's deceased then who's witnessed the oral agreement ?, and also as the plot(land) is self acquired property of Mr A and as all the children have equal right , so the daughter or the widower of the deceased daughter can claim the daughter's share provided the other contestant's can prove other wise as stated by you.

vinod sharma (personal)     22 September 2012

SINCE THE PROPERTY IS ANCESTRAL THE  4TH SON ALSO  HAS THE RIGHT ON THE SAID PROPERTY .

rohit awasthi (student)     22 September 2012

@andz I wrote as clearly as possible.....the remaining son & daughter who r still alive today have witnessed the oral agreement as they were part of it & are ready to testify that there was an oral agreement among the 5 coparceners....that only sons will inherit their ancestral property....none of the 2 daughters will have a share in it...1 daughter is still alive & she is ready to testify that she and her now deceased sister agreed to renounce their share...and that their father's property should be divided among the 3 brothers...

andz (clerk)     23 September 2012

@Rohit Awasthi- may be you can ask her to execute a reliquish deed and then contest the matter by producing her as witness and also if there any family elder's or other witness and also by providing the proof that the subsequent to the oral agreement the construction cost was borne out of the son's pockets . . .

and hope this info will be of some use . .

regards

anand.

2 Like

rohit awasthi (student)     24 September 2012

@anand thanks alot....every bit of knowledge is invaluable in present times !!! thanks again !


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