Ancestral property....2

Harpratap (Querist) 25 April 2021 This query is : Resolved
Hello sir..

2 days back I had asked a question on my mother's right on ancestral property.

https://www.lawyersclubindia.com/experts/ancestral-property-gpa-daughter-s-right-731701.asp

Thanks for the response.

First of all I want to clarify one thing that land is ancestral only which is completely unpartioned from many decades.

Almost every advocate Sir (Mr, Nath,Mr vashisht,Mr Kavksatnarayana, Mr Mehdi) suggested to file PARTITION CASE TO GET MY MOTHER'S SHARE ( DAUGHTER'S SHARE) IN OUR ANCESTRAL LAND.

I met one advocate yesterday.

He advised me to file case for declaration and injunction against my nana .(Declaration that my mother has share in ancestral property and injunction to stop my nana from entering the land

( P.S I WONDER HOW DECLARATION AND INJUNCTION CAN BE GIVEN AGAINST MY NANA IF THE LAND IS UNPARTITIONED AND NOBODY KNOWS THAT WHICH SHARE BELONGS TO WHIICH FAMILY MEMBER)

Dear lawyers,

Pls guide me which case is correct, SHOULD MY MOTHER FILE PARTITION POSESSION PROFIT CASE OR SHOULD I FILE DECLARATION INJUNTION CASE.

I WONDER WHY THE LAWYER TOLD ME TO FILE DELCARATION CASE?

PLS GUIDE ME

I AM CONFUSED.

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Advocate Bhartesh goyal (Expert) 25 April 2021
Since property ( as per you ) is ancestral and your mother wants or claim her share so proper remedy is to file suit for partition, possession and injuction and not suit for declaration .

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P. Venu (Expert) 25 April 2021
Please post in the original thread.

kavksatyanarayana (Expert) 25 April 2021
Yes. Agreed with the advice of the learned expert Mr. Bhartesh Goyal sir.

Pradipta Nath (Expert) 26 April 2021
You may file declaration suit, but thereafter again you will have to file a partition suit and suit for possession. Because your ultimate motive is to possess the property and not a mere declaration! Title/Partition suit is maintainable. As the property is yet to have demarcation, so please ensure that a prayer or seperate petition is filed to engage a Commissioner for the purpose and an petition for seeking restraint order against your nana/other defendants is filled.

Hemant Agarwal (Expert) 26 April 2021
1. YES .... "declaration suit" is also legally viable, which will simply replace name of Mother in place of Nana, which in turn legally gives her all rights over her share of property, PROVIDED "ONLY" "IF" Nana has expired. "IF" Nana is alive, THEN mother does not derive any rights, whatsoever.

2. However to exercise such rights (Sell /Gift /Donate /Mortgage /whatever .... ) subsequently a "partition suit" or "partition deed" would need to be conducted, by following due procedures of law.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

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ashok kumar singh (Expert) 26 April 2021
agreed with views of earlier experts, therefore no further comments, so far.
thanks

P. Venu (Expert) 26 April 2021
With due respects to my learned friends, it is my considered view that the querist ought to have continued in the earlier thread which was posted only four days back (22nd April). And the above thread stand concluded with my posting as below:
"Facts posted do not suggest the property to be ancestral. As such, any legal action either seeking partition or challenging the grant of GPA would only lead to antagonising the NANA and may lead to situation where there would be no intestate property, which your mother could rightfully inherit, after the NANA's lifetime."

However, instead of offering any clarification on the vital as to how the property is ancestral, a new thread has been posted suggesting an entirely different perspective.

The assertion is that the property is ancestral as it "has been completely unpartitioned for decades". What do you mean by "completely unpartitioned for decades"?

If it is your case that the property has not been partitioned for four generations, how is that the property is held in the name of your NANA? And why only the NANA, MAMA and your mother are co-parceners?

A dispassionate reading of the facts posted in the two queries, suggest them to be riddles than queries. As such, any meaningful suggestion is impossible.