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Sanjeev Srivastava   22 June 2010 at 15:39

Daughters right in ancestral property.

Hi!

My maternal grandmother had a property in her name which is actually ancestral property of her husband, who died in 1966 and the property got transferred in her name. She died in Aug. 2008 and left behind three married daughters, no son. After her death in Aug.,2008 the sons of my grand father's brothers, who co-owned the enire ancestral property, claiming that there is no heir to my grandmother property, got the propertry transferred in their names.

Is it legal?
Can daughters claim for their mother's property as she had died?

If so, what is the process to do so?

Mr maternal grand mother made a registered will in favour her three daughters specifying that her property should be equally divied among them.

Please reply and help.

Thanking you,

Sanjeev Srivastav

madhan raj   22 June 2010 at 14:54

onlyson law

1)My great grand father died in 1950. my grand father died in 1992 he was only son of My great grand father. My father was born in 1943 and he died in 2003 he was only son of My grand father. my father have three sister all married before 1970. I have one younger brother and my mother.
my grand father died in 1992 I came know 2005 act does not apply. Because he died prior to 2005 act.

2) my father being born prior to 1956 act he was only son of my grand father and my grand father was only son of My great grand father. I came to know that there is only son law by which my father get all of my grand father share. According to 1933 Mysore act sec 8 (1) d Please help me.

Anonymous   22 June 2010 at 11:10

House property

My father has purchased a property in Orissa and built a house in 1974 .He died in 1992 and my mother died in 1999. He has not made a will. We are 3 brothers and 2 sisters. My sister were married in 1971 and 1992 resp.

How is the property to be divided. Are sisters entitled to any shareand if so how much.

Suresh   21 June 2010 at 23:56

Property Will

My mother stays in our own home which she owns fully. My elder sister and her husband had taken a loan from bank against this property and is unable to pay their loans. Almost half of the loans were paid by mom and she intends to pay the balance loan and close this at the earliest as she is a Guarantor to the loan taken by them!
Now she would also like to make a will which shows distributing her own property among the three of us only(myself, my younger brother & our second sister)and omit her elder daughter from getting any portion of the property citing the financial assistance given to her so far!
Can she prepare the above Will and register it legally so that NO ARGUMENTS CAN BE RAISED BY THE ELDER DAUGHTER OR HER HUSBAND? Can my Mothers Will be challenged by my Eldest sister in the Court of Law? Pl Advise!

Anonymous   21 June 2010 at 23:54

seller's breach of agreement to sale advertised property

A housing society advertised through webpage such residential property in manali falsely saying that it could be commercially used for hosting tourists, wrongly claiming that Bank Loan is available, but never cooperated with customer and bank with regard to forwarding relevant documents to bank and submitting 'Plans of Approval' to customer despite repeatedly asked for. Instead of submitting documents to Bank and customer for his verification, Seller society returned money on the pretext of not sending second installment in time by the buyer, whereas buyer was saying that unless plans are sent for perusal of the buyer and submitted to bank , he shall not make any subsequent payment. For all wrong acts of the Seller, customer has all the documentary evidence of correspondence made through email. Seller has mentioned in webpage that legal proceedings against him can be initiated only in delhi ?Can the buyer sue him in kullu Consumer Forum, the disrict where home loan was applied at UCO Bank Manali, property is located and all municipal authorities are located ?

T N VIJAYKUMAR   21 June 2010 at 19:07

Transfer of Property after death of 1st owner.

We have a case where there are two joint owners of a flat a Mother and son duo. The Mother who was the first owner died before the share transfer could take place. There is a will left by the deceased but it does not mention the above property. There are other legal heirs of the deceased other than the 2nd owner.Now the 2nd owner the son wants us to transfer the shares in his name. Pls advice.

Manjula   21 June 2010 at 15:12

Claim in property after agreement

My maternal grandfather (Hindu) had a self acquired property and passed away without a will in (2000)
My grandmother also passed away 2 years after that (2002) They had 2 children , my mother and my uncle.

My uncle was suffering from serious illness and needed money for his medical treatment.

Hence requested my mother to sign an acceptance to transfer the property in my grandfather's name to his name so that he could sell off the property for his treatment.

My mother also signed an agreement ( 20 Rs bond paper) accepting to transfer the property to my uncle's name in June 2003

Unfortunately , within three months he passed away (Sep 2003). The property was transferred to his name but was not sold out.

He had no children.His widow is claiming full ownership of the property.

My aunt is working and has constant source of income. Currently she is residing In her parents home.

My aunt is collecting the full rent from my grandfather's house for the past seven years ( from 2003 sep onwards)

Can my mother still claim her share in the property since her brother has passed away or is my aunt (my uncle's widow) the sole owner ?

Anonymous   21 June 2010 at 15:08

Having possession of only Copy of Document not original

Hi,

Our Father has got a property through Family partition deed on 1978 and in that deed my Father's elder brother and younger sister also part of it, my Father's elder brother also got a property like our Father.

But my Father's younger sister, has not received any property in that deed, instead it was mentioned as, my father and my father's elder brother has to pay Rs 5000 each to my their younger sister and until they pay that amount their respective properties will be under mortgage and once they paid the above said amount, their younger sister has to give release deed for their respective properties.

As per the above deed, everything was happened, and the release deed for our Father's property and his elder brother's property was in possession of my Father's elder brother.

Due to family disputes, my father's elder brother is not willing to hand over the Release deed which is pertaining to our Father's property, saying that it was lost, but we know he has it.

So as of now, we are only in possession of Copy of Document (got from registrar office) not the original Release Deed document,
1) will this create any complication?
2) Is possession of Copy of Document is equivalent to possession of Original document?

We just want to know whether it is absolutely necessary to fought and get the origninal release deed document from my father's elder brother or it is OK to have Copy of Document itself.. Please clarify.. Thanks

mihir kr. ghosh   21 June 2010 at 13:16

partition of property.

property belonged to deceased mother, left behind 12 sons and daughetr, there after father died on 1982. the plaintiffs have instituted a suit for partition of property against two brothe(defendants).
the two defendants have been residing there with their parents, others were in different location due to service and marriage of daughters and so on.the defendants contested on the plea of that they are exclusive owner as per ;

i)oral will of the parents,
ii) they have constructed 1st and partly 2nd floor on the suit propertyby their own fund, accordingly, owner as per easemenr act,52.
iii)suit barred by time.

please clarify.

thank you.

Baskaran Kanakasabai   21 June 2010 at 13:10

the way lawmen respond to legal tangles

If a lawyer or a judge had purchased a land 10 years ago under a registered sale deed with the registered owner of that land after duly obtaining a clean nil encumbrance certificate for previous 20 years from the SRO and built a house of his own obtaining a building loan from a bank through a registered mortgage, and lives in that house for a few years, and later if some government corporation claims that such land belongs to that corporation by virtue of a notification published under LA Act,1894 and the related proceedings or by virtue of proceedings of some such other Act notified 17 years ago,
What will be the reaction of such lawyer or judge in this scenario?