womens right on ancestral property
jayantha
(Querist) 03 October 2016
This query is : Resolved
My fathers sister expired long back about 30 years ago but now her children filed a suit on my fathers property,my fathers property mutated in my mother name,because my father expired in 1990. My father got his share in year 1968 and share paper is registered
1)will they get property in my fathers share?
2)will 2005 amendment help us to win this case?
Rajendra K Goyal
(Expert) 03 October 2016
When and who purchased the property?
How it was mutated in the name of father?
What are the basis of their claim?
Casual query may not solve the problem, it is better, state material facts and / or discuss with some senior lawyer in the field for guidance, clarify your doubts.
Guest
(Expert) 03 October 2016
Seems to be an academic query. Stated facts are quite deficient to arrive at some purposeful opinion.
By the way, in what manner your father alone could get the whole property and in which year?
Kumar Doab
(Expert) 03 October 2016
Expert Mr. Bhartesh Goyal has appropriately advised you based on matter posted in your query.
Agreed.
You have posted that:
"My father got his share in year 1968 and share paper is registered'
Full background details may be posted.
What is this share paper: Registered partition deed?
Who was owner of the property?
By which deed the property was mutated in your mother's name?
jayantha
(Querist) 03 October 2016
The ancestral property is shared among 3 brothers in year 1968 as registerd partition deed,my fathers sister expired long back around 35 yerars back,her childern filed suit to get property in ancestral,so my doubt is,will they get property according to law?
Kumar Doab
(Expert) 03 October 2016
It is believed that you are Hindu.
The succession opens on date of death of owner.
First of all get all property related documents examined to determine if the property was ancestral or self acquired!
Local counsel can help you.
jayantha
(Querist) 03 October 2016
Respected sir,i am hindu,the proprties are ancestral only,
Guest
(Expert) 03 October 2016
Ms. Jayantha,
When you say the property was divided in 1968 amongst three bothers,that clearly means the sister was ignored on that occasion, when she was alive and died only in 1981 (35 years Back). was that so?
Kumar Doab
(Expert) 03 October 2016
" my father expired in 1990"
The succession opens on date of death of owner.
You are in which state?
Guest
(Expert) 03 October 2016
Also, your question, "will 2005 amendment help us to win this case," is not clear, whether you have asked on behalf of the children of the sister or on behalf of any brother?
Kumar Doab
(Expert) 03 October 2016
"will 2005 amendment help us to win this case?"
Has any case been filed?
If yes, what is the opinion of your own counsel!
Guest
(Expert) 03 October 2016
http://www.lawyersclubindia.com/experts/right-on-ancestral-property-of-my-sister-618821.asp
You posted question in different fashion , I doubt you want to give Question paper to us by asking question in different way.
Ms.Usha Kapoor
(Expert) 04 October 2016
No!
Yes!Since the peroperty is in your mother' name you and you sibling along with your mother would get 1/3 rd share each in the property.
Guest
(Expert) 04 October 2016
Hi Madhu,
Your observation is quite right. Clearly, the author has sought solution to her academic query.
She is repeating her query in different styles, having no appropriate background history on the acquisition of property, particularly in the sole name of her father.
Kumar Doab
(Expert) 04 October 2016
The query is repeated.
However apparently in this query the question is: dis father's sister had a share?
Thus children of sister have a share?
While in other query; It is does own sister of author has a share?
Do you have two different queries and that is why you posted in two different threads?
Is it a real life situation for you?
P. Venu
(Expert) 04 October 2016
The real question is whether the property that was partitioned among the brothers was really ancestral!
