Anscestral property1
Querist :
Anonymous
(Querist) 05 June 2011
This query is : Resolved
I have a some queries,
1) we have anscestral property, that property has the name of my grand father,my grand father was dide without making any will, after death of grand father property was on the name of my elder uncle as "karta purush" & also my father name was their, after death of elder uncle property transfer to the name of his wife(my aunty) & after death of aunty property transfer to the name of their Daughter(my cousine sister) as a "MANAGER"(prabandhak). she(my cousine sister) didn't have any legal heirs. But my cousin sister make a will of that property. so i want to aske , can she have rights to make a will of ancestral property. And also woman can play a role as a "prabandhak." suggest me...........
2) As above I menstion, She(My cousine sister) make a will. And my elder brother challeng that will, But Senior Division Civil court dismiss the case & new appeal pending in the District court. There are some point to be remaining to include in that appeal.
so suggest me...... can my unmarried daughter file a new civil suit against the will. & how many fees require for that filing a suit?
3) We have agriculture land, it proposed to sale the party & taken advance from him. But due to some problem that land was not sale. Party gone in court against the agreement of sale. He get the decision from court in favour of him. And I challang lower court decision in civil appeal, & the civil appeal decision goes in favour of me. And as per decision I approach to "Tahasil Court" for getting name in 7/12 (satbara) Extacts. the Rvenue dept. have taken entry of our name in "Khat Utara." But foot note written as disputed land & the "Tahasil Court" matter submitted to "Sub Divisional Office"(SDO) clearing the disputed word. Now matter pending in S.D.O. court from one year. They have not taken any action till to date.
Please Advice me, what legal action will have to take against S.D.O.
& also advice whether we can file a suit.
& the land is in posession of the party without any legal rights, So how I can get posession from him as early as possoble..
prabhakar singh
(Expert) 05 June 2011
ASK IN PARTICULAR FROM A LAWYER FROM MUMBAI.
adv. rajeev ( rajoo )
(Expert) 05 June 2011
After the death of grandfather his property transferred in the name of your uncle as head of the family doesn't mean that he is the absolute owner. So it is better to file a suit for partition and seperate possession by your father.
sharad raghav - 9990549475
(Expert) 05 June 2011
YES RAJEEV IS CORRECT BCOZ IT WAS AN ANSCESTRAL PROPERTY AND UPON YOUR GRANDFATHER'S DEATH ,THE PROPERTY SHOULD BE VESTED EQUALLY IN ALL SUCCESSORS.SO BETTER YOU AS RAJEEV SUGGESTED.
R.Ramachandran
(Expert) 06 June 2011
You are not very clear in your facts. It would be better for you, as correctly advised by Mr. Prabhakar Singh, to approach a local lawyer, show all your documents, discuss with him and then take things forward.
On the basis of incomplete facts it will not be possible to give any answer to your query.
