Right of a daughter in ancestral property
js
(Querist) 02 September 2015
This query is : Resolved
Hello
I am 21 year old female.
My Great Grandfather (Grandfather of my mother) held a plot measuring 1000 sq. yard in Kota Rajasthan.
My Grand fathers were three brothers.
They inherited a property from their father i.e. my great grandfather
My grand father had a share in aforesaid property. He has two children my mother (age 42 years now) and my mama (Age 40 years).
My grand father died in 2006
After his death I came to know that my mama ( My mother's brother) has entered into a family settlement with brothers of my grandfathers without taking my or mine mother's consent and without putting this into our knowledge and made partiton of above plot.
They got the said family settlement registered in 2007.In the said family partiton there was no mention of mine oor my mother)
when later we came to know about it somehow we acquired a copy of the settlement. In the settlement there was a reference of a will reportedly made by father before his death in 2006 in his son's,(i.e. my only mama) name.
Copy of this will was never shown to us nor I was ever told about this.
Do I have a share in aforesaid property
Copy of this
Gunjan
Kumar Doab
(Expert) 02 September 2015
Apparently there is no registered partition deed till 2005.
The daughter should have a share.
Have you shown all the documents related to property to a local lawyer?
What is your lawyers opinion?
malipeddi jaggarao
(Expert) 03 September 2015
Your mother can challenge the registered family settlement. You do not have any right during the life time of your mother.
js
(Querist) 03 September 2015
Sir,
I understand that in 2005 she became a coparcener in 2005. whether i have also become a coparcener in my great grandfather's property.
Her internal discussions are going on with her brother.Please also advise ,
(i) What is the effect of will made by grandfather in 2006. Its copy was never served upon us.
(ii) if there is any limitation period as at present only verbal arguments are being exchanged between my mother and her brother.
Guest
(Expert) 03 September 2015
Dear JS,
Your mother being alive, you stand nowhere in the process, so far as the settlement deed is concerned in connection with the property of your great grand father.
About your mother's share, that depends solely on the contents of the will of your maternal grand father.
So, if it is a real case, you have the need to have personal consultation with some lawyer by showing all the property related papers to him for further advice, as the case is required to be examined on several more aspects, other than the will and the settlement deed after the death of your gf.
Rajendra K Goyal
(Expert) 03 September 2015
Your mother should file suit for partition, will if any exist would come before the court.
Consult local lawyer and show him all the documents.
Anirudh
(Expert) 03 September 2015
Dear JS,
From your post, it is not clear whether
(i) your great grand father acquired the 1000 sq.yard plot or he got it from his father etc. First this information is a must.
(ii) if he had acquired himself, then in which year he acquired it?
(iii) In which year did your great grandfather die?
(iv) what about your grand mother? IS alive now? If not in which year did she die?
Kumar Doab
(Expert) 03 September 2015
Query also posted at:
http://www.lawyersclubindia.com/forum/Right-of-a-daughter-in-ancestral-property-126528.asp#.VegVAn1-jMo
