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Dadalai zameen case

Querist : Anonymous (Querist) 10 May 2021 This query is : Resolved 

We are Hindus and live in Haryana.
My NANA has 10 acres of ancestral land.
My mother has fight going on with his father( my NANA) for many years due to some monetary disputes.

My mother demanded her share in ancestral property but my NANA refused to give and refused to do partition of land with equal shares.
So, with the guidance of a lawyer, she filed a declaration and injunction case in 2012 to get her share ancestral property.

The case gets dismiss due to lack of evidence in 2015

Then my mother didn't filed any appeal.

My Question is-

1) Can my mother get a share in ancestral property now?
What she should do, my NANA is still alive and won't give any share to my mother in ancestral property.

2) what case should my mother file now to get her share in ancestral property.

3) Will the previous case of declaration filed by my mother of declaration will affect the new case?

what to do now.. Any guidance please..

kavksatyanarayana (Expert) 10 May 2021
Your Nana got an ancestral property from old generations. So the property of your Nana is still un-partitioned till date from old generations, it will be treated as his self acquired property, and hence he can do as his wish.
Querist : Anonymous (Querist) 10 May 2021
No, Sir Property is ancestral only. In declaration case , the nambardar and tehsildar also came in witness and stated that the property I ancestral.
I am very sure about that the property is ancestral.

Pls give me some solution, what to so now..
kavksatyanarayana (Expert) 11 May 2021
The ancestral property came to your NANA from old generations. If he is the 5th generation, then it would be deemed to be self acquired.
Querist : Anonymous (Querist) 11 May 2021
Sir, It is an ancestral property.

Please tell the solution of the case.
Dr J C Vashista (Expert) 12 May 2021
Your mother is entitled for a share in her ancestral property and she should file a suit for partition, possession, mesne profits and permanent injunction, where her counsel has wrongly advised to file suit for declaration.

Repeated query, see response in original query where we have already obliged..

It is better to consult and engage a local prudent lawyer for proper appreciation of facts/ documents, professional advise and necessary proceeding.

Sankaranarayanan (Expert) 12 May 2021
Mr.Anonymous it may ancestral property but Sri satynarayana emphasized some points..
That it all depends upon the Generation scale based on the verdict by the Hon'ble Supreme Court. if i am correct then please refer the judgment uttam vs saubhag singh
T. Kalaiselvan, Advocate (Expert) 12 May 2021
1. If it was really ancestral property then your mother should hav filed a suit for partition and not a suit for declaration.
However since it will not fall under res-judicata, she can file a suit for partition even now and seek her legitimate share in the property provided it is ancestral property by law and not by your understanding.
2. Partition suit.
3. No, that need not be pursued now.

Asgher Mahdi (Expert) 12 May 2021
As per your given version the property has joint ownership and your mother can claim her share but to gives you full opinion need to peruse the court paper.
P. Venu (Expert) 15 May 2021
What was the declaration sought in the case filed in 2012 and what were the grounds on which the case was dismissed?

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