Anonymous
30 December 2009 at 01:52
Please see the attachment for Family Tree
Details
GGF : My Great Grand Father had two sons GF1 (Elder one) and GF2. Great Grand Father was having
ancestral property. After his death property had been transferred to GF1.
GF1 : My Grand Father got all the ancestral property from GGF. Had his own self acquired properties. Died on
02/10/1960.
GM1 : Wife of GF1. GF1 and GM1 had no issues/siblings. Had agreed to transfer all the properties to S1(My
Father) and signed to transfer all the properties owned by GF1 in 1971.
GF2 : Younger brother of GF1 and got married to GM2. They had 4 issues/siblings, they are Daughter1 (D1),
Daughter2 (D2), Son1 (S1) and Daughter3 (D3) .
Had got no properties in his name.
Died on 28/05/1958.
GM2 : Wife of GF2. Died in 1993.
Note : GF1,GM1, GF2 and GM2 were living in Joint Family and the properties remained undivided
between them.
D1 : First Daughter of GF2 has got married and was living separately. Has 3 issues/siblings, a son, Son (D1S1),
two daughters, Daughter1(D1D1) and Daughter2 (D1D2).
Died on 24/01/1983.
Her siblings D1S1,D1D1 and D1D2 filed present case along with D3.
D2 : Second Daughter of GF2 and got married and was living separately. Not asking for share.
Died in 1997.
S1 : Lone son of GF2.
Full owner of the properties and enjoying the position of the all the properties.
Dependent on the same land for agriculture.
Got all the ancestral property from GF1 on GM1 statement and sign in 1971.
Has few self acquired properties. This he bought these properties by running bullock cart for rent by
taking loan from a bank.
He has given a site to D3 in 1986 for Stri Dhana. It had been transferred from S1 to D3 for Stri Dhana.
Living and enjoying all the properties for more than 45 years.
D3 : Third Daughter of GF2 and got married on 28/04/1961, alive, living separately with her family.
Filed preset case asking for Equal share.
She had got a site registered in her name for Stri Dhana from my father (S1).
Notes:
1. Present case has been filed 28/05/2007.
2. D3, D1S1,D1D1,D1D2 are asking for equal share from S1’s property on The Hindu Succession Act [Amendment] 2005.
3. Present case has been filed on S1’s self acquired properties also.
My Questions
Q1. Do D3, D1S1, D1D1,D1D2 have any rights to claim the S1’s property based on The Hindu Succession Act [Amendment] 2005 act?
Q2. Are they eligible to claim share in the property?
Q3. If they are eligible, what is there share in the S1’s property.
Q4. Is Stri Dhana site given by S1 to D3 has any consideration?
Q5. Is the above said amendment applies prior to 2005 also?
DR SURESHA G
29 December 2009 at 23:00
Dear Sir/Madam
I need your advise; I filed a civil suite against all of my family members for my share in the my family property in Aug 2003.
Then we compromised before elders of the society and the shares were allotted as follows:
1. Plaintiff i.e. me.
2. My father and my mother
3. My uncle-1
4. My uncle-2
5. My uncle-3
6. My sister-1
7. My brother joint name with my father.
Shares of my father and mother issued with terms and conditions that Father and Mother have to enjoy their shares during their life time and after their death properties will go to Plaintiff. i.e. to me. (Because I was living with my parents. Me and my father were looking after shares 1 & 2. I only made this property distribution and I left properties to my parents as I was working in government sector). My brother he was notorious we had a fear that he may sell his share, which was earned by my father and hence I put my father as joint holder.
Everything was fine up to 2007. Me and my parents living together and my brother was living separate.
I, went out on various assignments in 2004 and abroad to Africa. During this period my brother came to my parents and taken in charge of all our properties i,e mine and my parents and enjoyed all the income.
In 2007 he developed conflict internally and taken my mother and went separate again. My father was alone and again my father started taking care of my share and the share of them. My wife was taken care of him.
Once again I got the abroad placement in Jeddah, Saudi Arabia.
Because of mild heart attack he was in hospital in Jan 2008.
During this time my brother took my mother to Sub-Registrar Office and registered a will from her to his son. (The property was issued to my parents, with terms and conditions which I mentioned above and the decree was issued and this property deed was registered jointly in the sub registrar office). My mother alone registered the will without my father’s consent.
After 5 days my father passed away suspiciously, my brother did not allowed me to participate in his funeral as I was abroad. I went a day after and performed my duties and came back to Saudi.
From 2008 to till to day I cleared all the back debts (9 lakhs). My brother was enjoying all my share and my parent’s share which was previously written a will to me.
Recently my mother also passed away, just before her death my brother misinterpreted her and transferred all properties, which was in joint name of my parents, through will and gift deed.
I request your kind self to clear my doubts.
1. Is there any possibility of losing my property which was supposed to be transfer after the death of my parents?(Which my brother is now got through will & gift deed by my mother)
2. Apart from this my father had few properties in his name. Which were, ancestral and self purchased. After his death my brother transferred these to my mother and then she written will to my brighter.
3. Is there any possibility of filing suit against my brother who had my father as a joint share holder?
Please clarify my doubts.
satya
29 December 2009 at 16:17
If I gift my property to my brother, what are the tax implications? Are there any other things that I need t okeep in mind?
Ankur Agrawal
29 December 2009 at 09:37
I have asked about the right of married daughters in ancestorl property .Mr.Rajeev S. Vadrali answered that the parition deed should be registered,I want to ask that what's the right of daughters as the deed is notorised.
Anonymous
28 December 2009 at 20:53
My mother's father has agriculter land in uttar pradesh.He has three sons and 2 daughters.part of the land is ansectral land.
please help on below question.
1. Is hindu succession act overriding U.P land reform act?
2. Has Uttar pradesh land reform act been amended to include equal share for daughter also.
3. Does the amendment applies to daughter married 25 years back?
YOGESH KUMAR
28 December 2009 at 16:25
I am residing in a flat which is in the name of my father. This flat's all dues were paid by me i.e. Bank EMIs and except this cash amount on different periods given to my father to complete family obligations/responsibility. Even I have paid more than two times what was the cost of flat at the time of allotment. All the details were maintained by me but no receiving I have for cash I given to my father.
My father as another house appx.130 sq mtr in Delhi which devided (mutually)among my other three brothers.
Now two of them are raising their vioce and pressurising to my father to sell all the property and devide the money equally.
These two brothers don't work and just spending their life on my father's pension.
One of my brother's wife is even ready to book /indulge me in fake cases, if I do not vacate the flat as per her will.
One of my brother is totally in favour of me and insisting my father to name the property/ flat to me as he understand that what sacrifices/ responsibilities I have done for my family on behalf of my father.
Father is neutral.
What should I do now?
Yogesh kumar
k.k.jandial
28 December 2009 at 11:22
hi sirs,
kindly give me the cotact details of Advocates practising in consumer court Panchkula (haryana).and oblidge.
Thanking you
k.k.jandial
Anonymous
28 December 2009 at 09:47
Dear Sirs,
My father-in-law and his 3 brothers have their ansester's property. To sale this property, he is asking me to give NOC. Is it really required and under which act?
One more query: My father-in-law has three daughters, all married. One of the daughter is not ready to give NOC. In such case what he can do? Can he go ahead with selling of the property?
Please help.
Regards,
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Ancestor's property
I would like to know whether NOC from Son-in-law is required for sale of Father-in-law's Ancestor's Property.
Regards,
Sujit