Ancestorial property. Partion suit.
Shilpa Mani
(Querist) 03 July 2017
This query is : Resolved
My father in law is to inherit an property from his father. A suit was filed by my mother in law against two brothers of my father in law who refused to give his share after the death of my father in law. My mother in law along with her 2 sons and 5 daughters as petitioners contested the case and a pre degree was issued stating that my mother in law and heirs have share in the ancestral property.
Since my mother in law was passed away last year, her daugheters contested the case without the knowledge of the sons. Finnally when the two sons came to know abt the case, it reached to the level where a advocate commission was issued partioning the property among three and judgement to be passed in few days. Two sons are not satisfied with the property allocated in the commission report.
Is there anyway to stop the judgement.
Note: The Lawyer appointed by my mother in law runs the case with the 5 daughters and not ready to listen to our words. He is keen in finishing the case with that single property as in commission report.
Please provide us some suggestion as the next /final hearing is on 5th july. Just one day in between
Kumar Doab
(Expert) 03 July 2017
It is believed that you are all Hindu.
Confirm!
Kumar Doab
(Expert) 03 July 2017
The title of the property is ancestral property.
In query there is NO specific mention of it being ancestral.
If it is inheritance of parental property then it may not necessarily be ancestral.
If it self acquired then Mother of FIL (if alive as on date of death of FIL), wife (if alive as on date of death of FIL), sons,daughters have equals share............
If wife MIL has deceased after FIL then her share is to devolve upon her sons and daughters...............
What is the reason for dissatisfaction..............
Raj Kumar Makkad
(Expert) 03 July 2017
In the given case, the sons of deceased mother are required to engage another counsel to plead their case. As those are necessary and mandatory parties to the partition being shareholders hence their version is necessary to be heard.
Rajendra K Goyal
(Expert) 03 July 2017
If the present lawyer is not cooperating the sons, they should proceed to engage another lawyer.
Shilpa Mani
(Querist) 04 July 2017
The properties was partially accquired by the father of Fil and partially inherited from his father. We are hindu family
Shilpa Mani
(Querist) 04 July 2017
The sons are dissatisfied as the property alloted in adovate commission has lesser worth than the properties alloted to the remaining parties. Whereas the daughters feel that whatever they get is beneficial.
Shilpa Mani
(Querist) 04 July 2017
The present lawyer is not giving noc to other lawyer and he is haste n keen in completing the case as per commission report.
Shilpa Mani
(Querist) 04 July 2017
Also to be noted our fil died in 1994. In such case does the daughters have rights to plea for partion.
Shilpa Mani
(Querist) 04 July 2017
Also to be noted our fil died in 1994. In such case does the daughters have rights to plea for partion.
Kumar Doab
(Expert) 04 July 2017
The property hat devolves from Grandfather may not necessarily be ancestral.
The property that devolves by inheritance may of of nature self acquired.
So all of the property that came to/should have come to the hands of FIL (being legal heir) might be of nature self acquired.
Here the legal heir whose share is in question in suit is male and not female.Whole property is question and in suit be might be self acquired.
So why are you pointing to date of death being in 1994?
Kumar Doab
(Expert) 04 July 2017
Approach a very able local senior counsel of unshakable repute and integrity specializing in succession/civil matters without bothering for contentions on NOC.
The value of each property might have been placed before court.
Your own counsel can advise on it also.
Dr J C Vashista
(Expert) 05 July 2017
Full case file is required to be perused by a local prudent lawyer.
Kumar Doab
(Expert) 05 July 2017
Irrespective of date/year of death of father daughters have share in self acquired property.
Approach a very able local senior counsel of unshakable repute and integrity specializing in civil matters.
Shilpa Mani
(Querist) 08 July 2017
Sir can you please explain me as which can be called as ancestral property. Is there any calculations as it should be passed on to n number of generations.
In this case my husband, his father has not acquired the property. My fil's father has acquired few property from his father and one property listed was purchased by him.
In such case the share to be received by my fil is ancestral or self accquired
Kumar Doab
(Expert) 08 July 2017
Your counsel(s) must have examined all mutation record/link docs/property related docs by now would have advised you the nature of property.
You can if you want search and read on what is ancestral, self acquired, HUF,Joint property etc etc
You might have realized that need to have a very able counsel.
