Right of daughter in ancestral property
jatin aggarwal1987
(Querist) 12 July 2012
This query is : Resolved
respected experts
my client (daughter) are two heirs one brother and one sister and the brother of my client has died before 2 or 3 years ago. he died leaving behind wife, one son, daughter in law and one grand son. now they all tried to alienate the house which is purely ancestral in nature and is still in the name of my client's grandfather and forced to sign the documents of house but she didn't signed the same. property comes under the municipal area.
now this is apprehension to my client that they can sell/transfer/alienate the house without the consent of my client daughter and sell it by fraud and cheating.
1. whether she has to file caveat emptor.
2. whether she has to file caveat emptor again and again after every 90 days.
3. whether she can claim partition also or only she has right only to reside according to succession act.
4. what are the remedies available to the daughter to get her share.
any other appropriate suggestions which you think appropriate.
ajay sethi
(Expert) 12 July 2012
file a suit for an injunction restraining the legal heirs of brother from creating any third party rights in respect of property .
please note that merely because property is standing in name of grandfather it does not become ancestral property .
she is one of legal heirs of the property . she can claim her share in the property .
if she files caveat she has to file one every 90 days .
A V Vishal
(Expert) 12 July 2012
Firstly let your client give a public notice informing the general public not to enter into any transaction with the opposite party and if they do so it will be at their own risk.
Secondly go for a partition of the property immediately
V R SHROFF
(Expert) 12 July 2012
Issue notice to co owners , not to sell or trf.
File Civil Case, for injunction
can ask partition too.
jatin aggarwal1987
(Querist) 13 July 2012
thanks for advice ajay sir but my client is lady (heir). can she seek for partition in a court of law?
secondly property is on the name of grandfather but it also came to him from his father and forefathers.
and in case of caveat she has to file only same application after every 90 days or any type of notice will be issed to the other party on every filling of caveat emptor in court
jatin aggarwal1987
(Querist) 13 July 2012
respected v r shroff ji.
she doesnt want to file injunction against other heirs. or whether she has right to partition? i think she can claim only right to reside she can claim her share if they sale out the property in dispute.
Anirudh
(Expert) 13 July 2012
The first step in this matter is to confirm the 'character of the property' - whether it is ancestral or not.
In your fact situation, you have indicated that "the property is purely ancestral in nature and is still in the name of my client's grandfather".
On what basis do you say that the property is purely ancestral in nature.
Without clearing this point, any answer would be simply hypothetical.
Therefore, please indicate the basis on which you say that the property is Ancestral.
Anirudh
(Expert) 13 July 2012
In subsequent facts, you have said that the property has come from his father and forefather.
In that case, you have to indicate as to when his father (grand father's father) died and when his forefather died.
jatin aggarwal1987
(Querist) 14 July 2012
yes sir the property came to her my client's grandfather and he also got it from his father and grandfathers.please clear one thing which property is of ancestral property. which comes to us from my grandfather whether it is self acquired property or comes to him also from his father except he didn't will/gift/alienate the same. but for the children it is of ancestral property because they got it from their grandfather and it is not of the personal self acquired property of father.
but in the present case my client's grandfather has also got the same property from his father etc.
after that i have to prove any more for ancestral property.
Anirudh
(Expert) 15 July 2012
Dear Mr. Jatin,
When you say that the property came from forefathers, please trace the history of the property changing from one hand to another ending with the grand father of your client.
Please indicate the years in which the property changed hands from one generation to another.
jatin aggarwal1987
(Querist) 17 July 2012
u mean i must have all the mutations as well as registries if any in favour of last owners
but please suggest me the way how she can get relief she does not want to file p. inj. suit. whether she can claim for partition?
what is the way she can get his legal share from the other heirs who want to grab the share of the daughter (heir)
Anirudh
(Expert) 18 July 2012
Dear Mr. Jatin,
There is no short cuts.
