Ancestral property sharing.
vijay kawathe
(Querist) 02 April 2013
This query is : Resolved
Date:02/04/2013
Dear Sir.
Hope You are doing well.
I eagerly needs your assistance in our case of ancestral property sharing.
(This property was taken by our great grand father)
In our family,my grandfather having 3 sons & 2 Daughters.
One Sister (Aunt) was dead in years 2000.
Initially land was on the name of my grandfather & later on all the names updated on 7/12.
On the 7/12 of our land,Name of 3 brothers, Yeilder sister & Name of deceased sister's Son & Daughter refleted.
My grandfather was died on 03/08/1994 & Grand mother was died in year 1997.
Hence succession opens on the same date of 03/08/1994.
HSA Maharashtra amendmend 1994 (enacted date 20/06/1994) is applicable in our case.
Hence both the sisters are the coparseners & that's agreed.
Our ancestral property was a Land of 10 acres ,Houses & Plot in the village 'Fekari' Deepnagar, Jalgoan Maharashtra.
This land 10 acres was occupied by Maharashtra Electric Board company in 2007.
We have the copies of all notices.
Total Disbursement was given to us Rs.52,20,000.00
But this amount received to us by two common cheques of Rs.26,10,000.00 each.
One Cheque was on the name of Mr.Eknath (My father-Yeider son), Mr Purushottam (Uncle-Youger Son) ,Mrs.Suman (Aunt-Yeilder Daughter)
Other Cheque was on the name of Mr.Ramkrishna (Uncle-Younger son), Mr.Yogesh (Deceases Aunt's Son) ,Mrs.Ashwini (Deceases Aunt's Daughter)
Now the question is while receiving this cheques two stamp paper agreements had signed by all to get two seperate cheques. (Mediator lawyer told that It is not possible to get single name cheque of Rs.52,20,000.00)
(Here is understanding of my father was that declaration signed for getting the cheques only)
First 3 Mr.Eknath (My father-Yeider son), Mr Purushottam (Uncle-Youger Son) ,Mrs.Suman (Aunt-Yeilder Daughter) has given declaration on the 100 Rs Stamp paper that entire half share (0-8-0) to other three members.
Other 3 Mr.Ramkrishna (Uncle-Younger son), Mr.Yogesh (Deceases Aunt's Son) ,Mrs.Ashwini (Deceases Aunt's Daughter) has given declaration on the 100 Rs Stamp paper that entire half share (0-8-0) to First three members.
In our case there is no partition till 2007.
As two daughter behind my grand father notional partition has taken into account.
Hence Sharing is as follows =52,20,000/(M+1) =52,20,000/4 =13,05,000
Each Father Share=13,05,000/(M+F) =13,05,000/5 =2,61,000
1)Mr Eknath =1305000+261000 =15,66,000.
2)Mr Purushottam =1305000+261000 =15,66,000.
3)Mr Ramkrishna =1305000+261000 =15,66,000.
4)Mrs Suman = 2,61,000.
5)Mr Yogesh & Mrs Ashwini = 2,61,000.
But Question is coming what is our exact share.
As one lawyer has concluded that First 3 (Mr.Eknath,Mr.Purushottam & Mrs.Suman) have signed the stamp paper declaration so that entire half share transfered to other (Mr.Ramkrishna,Deceased sister Son & Daughter Mr.Yogesh & Mrs.Ashwini).
Hence our share of Rs.15,66,000.00 is in trouble.
Mr.Ramkrishna has a share of Rs.15,66,000.00
Mr.Yogesh & Ashwini has a share of Rs. 2,61,000.00
______________
18,27,000.00
But Total Rs.26,10,000.00 cheque was issued on the name of (Mr.Ramkrishna,Deceased sister Son & Daughter Mr.Yogesh & Mrs.Ashwini).
Amount RS.26,10,000.00-18,27,000=7,83,000.00 (Differed figure)
While signing that declaration, mediator lawyer told that declaration was required to get two cheques from MSEB company only.
As property is Ancestral,How this becomes tranfered to other three (Misguided while signing stamp paper declaration). Nobody can gift the ancestral property to some body.
As the accounts are the joint accounts nobody can gives the signature to each other to withdrawal the money.
How to get our share of Rs.15,66,000.00 from this account & what is the effect of that RS.100 stamp paper declaration?
Waiting for your reply & guidance.
Thanking You.
Best Regards,
Vijay Kawathe
8007850330
vijakawathe@hotmail.com
Devajyoti Barman
(Expert) 02 April 2013
You better engage an advocate to get this reply.
R.K Nanda
(Expert) 02 April 2013
contact good lawyer.
vijay kawathe
(Querist) 02 April 2013
What is the effect of RS.100 stamp paper agreement signed without reading?
Fund received by Maharashtra Electric Company is related to ancestral property.
For Receiving two cheques, agreement was to be given.
While reading this is cleared that exact (50%)0-8-0 i.e.Rs.26,10,000.00 amount transfered to other 3 members.
IS it possible to transfer our ancestral property to some one like this.
It is completly misguiding.
