Ancestral property dispute
SUDHEER PRATTIPATI
(Querist) 08 March 2014
This query is : Resolved
Hi,
Our grandfather had three children's, My father and two daughters. He had 3.5 Acres of agricultural land, 9 cents of land, and one house which is a ancestral).
My Aunt's got married before 1986 and given some agricultural land as dowry (0.5 Acre to Elder Aunt and 1.0 Acre to younger aunt). But, there was no registration happened regarding this. All the property has been registered on my grandfather's name.
After my father's marriage in 1987, he's living separately and didn't take any property or cash. Our grand parents living in their house and surviving themselves with running a shop and income through remaining land. We're two sons to our parents, Elder aunt had a son and younger aunt had a daughter both got married.
My father was died in 2004 then onwards my mother taken care of me and my brother. My Grandfather also died in 2008 due to some health problems. My mother bared all expenses while he's in hospital and other activities. Then we asked our grandmother to live with us, but she refused to living with their daughter.
After few months our aunts get transferred all the property to our grandmother(By changing name in passbook since husband died). And then my grandmother registered reaming property to my aunt(Elder) and her granddaughter. My grandmother sold the 9 cent of vacant sight.
They did all these without knowing to us. Recently we came to know all these registrations and all and asked our share. We're ready give their share, but their not at all accepting to give our share.
Could someone help us on this issue. I would like to know about below points:
1. All these registrations are valid without our signature(mine and my brother).
2. Is there anyway to stop further transactions on these properties? Now, they're looking out to sell all assets.
Deekshitulu.V.S.R
(Expert) 08 March 2014
Since the property is ancestral and as your grandfather is survived by a son and two daughters, your father share in the property will not get disturbed. File a suit for partition ignoring the deeds which your aunts got executed through their mother or ur grand-father
Biswanath Roy
(Expert) 09 March 2014
As it appears from your statement your Grandfather died in 2008 leaving him surviving his widow wife ,two daughters , you and your brother and your widow mother. All of you have right of inheritance in the ancestral property. Hence, you may file partition suit after serving proper legal notices upon all other owners.
T. Kalaiselvan, Advocate
(Expert) 09 March 2014
a partition suit claiming a share out of your father's share in the property is the only solution. Your grandmother's action of transferring the entire property on her daughter's name is illegal, invalid and not binding on the other legal heirs because your grandmother cannot inherit the entire property on her name, she is entitled to a share in the property as one of the legal heirs and she can execute a settlement or gift deed in favor of whom ever she wanted to in respect of her share alone. Therefore the alleged registration of settlement deed by your grandmother is invalid. Further, you file an application for ad-interim injunction restraining your aunt from further alienating or encumbering the property along with the partition suit.
