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Jidnyesh
(Querist) 25 June 2013
This query is : Resolved
Hi Sir,
My grandmother having gift property of 15 acres from her mother. Having one older sister which is widow. She having 1 wives having one son. Now my uncle going to acquire all land by splitting it in to two parts. 1. from my grandmother & from grandmother's sister. Now whole land is on my grandmother A/C, by divide it 50% on grandmother's sister A/C, as she is stay at our home from 30 years.
I want some part from that land as I am also part of family, my father is no more. I have no any option. My uncle divert both grand mother's mind to focus him as future property owner.
Please suggest me how I can obtain equal parts of land.
Regards,
Jidnyesh Behere
Raj Kumar Makkad
(Expert) 25 June 2013
A gifted property cannot be taken back so you need not worry. You are required to file a partition and possession suit against your mother and uncle.
Jidnyesh
(Querist) 25 June 2013
Makkad Sir,
Actual problem is that my grandmother is not ready to distribute that property in her all 3 son.
She going to ( by force) give property to my older uncle.
1. Can I appeal against it.?
Either I will told to grandmother sister's wives son to take his part as he is also right to take property from his father wife as she hasn't any children.
Or grandmother sister's wives son have right to take part from this?
Regards
Jidnyesh
Adv Archana Deshmukh
(Expert) 25 June 2013
@Jidnyesh,
You said, "My grandmother having gift property of 15 acres from her mother".
So ur granny have got the land from her mother as a gift. In this case, it is the absolute property of your granny and it is totally her discretion as to whom she should give the property and you have absolutely no right to claim any partition and possession in the said property. If she is listening to your uncle and acting accoridingly, then also you cannot do anything.
BTW what is grandmother sister's wives son? how can sister have a wife? i did not understand..
Raj Kumar Makkad
(Expert) 26 June 2013
If your grandmother has not gifted the property in the name of your uncle and still in her name then she can definitely distribute even during her life time. Approach her and try to persuade her. The alleged son of wives of hr sister has neither identity nor a legal right to inherit any of such properties.
