what is the best way to get the property back
sunithrani
(Querist) 12 July 2011
This query is : Resolved
My mothers grandfather was owning 53 acres of land. He had three sons out of which my mother fathers was the youngest son of all the three and he had five daughters and no sons.
My mother is the fourth daughter who is born before 1956. my mother is not aware whether her father has got any partition deed from her grandfather to divide property between the three brothers. since it was jointly cultivated and the shares in crops were taken and divided.
Now after her fathers, two brothers died. when my mother approached her cousin brothers for her share from her grandfathers property. They refuse saying since her father didnot have male children and all are daughter and they are born before 1956. They will not get any share from the property. The are selling the property part by part and they have not given a single rupee to my mother and her sisters. In spite of my mother request to give atleast one acre each of the property to my mother and her sisters they refuse to yeild. So what should my mother do
Is she not eligible because her father didn't have sons. So daughter are not eligible for claim or now they have sold the property to different people.
Can you give a brief reply. She is from Andhra and her property is from Hindupur. Please advice can we file suit in the court. will it hold since she is born before 1956.
When the tashildhar enquired is was fond that my mother's sisters husband had taken benami pass book and he has transferred to other two parties. So on our request tashildhar told to come back after one week so that he will enquiry how this transactions have taken place and will give the details.
We met the tashildhar and we had given the details of the property to them and now the tashildhar is saying since it the property of my mother is being forged saying it is his and created pass book in records by my mothers sisters husband and he has created the pass book and sold it two other persons. But those two persons are not coming for the enquiry and the Survey officer is telling it belongs to other two persons though we have orginal documents with us so I request you kindly telll what is best way to get our property back what should we do now. kindly advice at the earliest.
R.Ramachandran
(Expert) 13 July 2011
From the facts, it appears that your mother's father died after the year 1956.
In that situation, his share in the ancestral property, will go by way of inheritance amongst all his legal heirs i.e. all the five daughters and his widow.
Therefore, file a suit claiming the property. You will win. The entire 1/3rd share belonging to your mother's father will come back. It has to be shared equally amongst all the five daughters (in case your grand mother is not alive - otherwise it has to be shared equally between all the six of them).
