Karthik (Director) 07 December 2009

Ancestral Property Query

Hi,

There is a Individual bungalow which was bought by my Garndfather in 60's. He has 2 sons and 2 daughters including my father(Late). Till 1995 i was staying with my grandfther but had no information on the property inheritance. After his death in 1995 me and my mother separated from the house and there is no contact with my grandmother and Uncle who are now staying in the house. Now i want to know on the bifurcation of property that has be done by my grandfather. I do not have any idea of the contact of my grandfathers lawyer. how do I find the same without the knowledge of grandmother and uncle. I want to find this only for my information and safety at this point of time. i want to know if the girls (my aunts) are eligible for the property rights as per property act. Also can the property-Will be re-written by my grandmother after my grandfather.

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6 Replies

Thirumal Rao (Advocate) 07 December 2009

Hi, this thirumal rao, from hyderbad

As i understood the property purchased by your grand father is his obsolete property and not a joint family property in that case your grand father if died without any will and being a hindu all the sons and daughters including your grand mother will have equal rights over the said property and if you are only son/child of your father you will be step into your shoes of your father along with your uncle and aunts and you be entitle to share in the property.

And coming to the point of equiry into details of the title of the property you can enquire the same through the concerned area sub registrar and there no necesissty for informing others.

Karthik (Director) 08 December 2009

Hi Thirumal Rao,

Thanks very much for the quick response. I have few more clarifications.

1. What proof do I need to show in the Sub registrar office for getting the information. Also

assuming that there was no will or if the will is there and not registered in the sub regsitrar office, can the sub registrar office be in a position to give the information.

2. Assuming there is a will done by my grandfather, can the will be re-written by my grandmother or uncle or aunt after my grandfathers death.

Karthik.C

dinesh aggarwal (lecturer) 09 December 2009

my father got the ancestral property through will, and don't want to give any share to me. can i claim for the share

Amitha K V Iyengar (Freelancer ) 15 December 2009

Hi,

A friend of mine is a female legal heir to her father's property along with rest of her siblings. Her son wants to get her share for all himself. He has borrowed heavily and is in debts. Now to safe gaurd the interest of their sibling sister, the brothers & sisters who are the children of the deceased father want the daughter to give up her share so that they can protect that amount from any further squandering by the son and give it to her other off spring who is repaying their debts.

1. Now, can this daughter voluntarily give up her rights & share in her father's property?

2. If so what is the procedure and the documents to be executed?

3. How can it be made legally binding and non contestable?

4. Is their any threat/ scope of the son trying to get a share out of the mother's inheritance when she is still alive or preventing her from forgoing her share to the family?

snchandrasekarabharathi (senior manager (Law)) 17 December 2009

she can execute her share to and in favour of any one of her brothers or sisters by executing a deed of release and register it- BUt the question is how canshe safeguard her share in future after releasing it - since once she relinquishes her right she cannot claim back her right overthat properrty

Amitha K V Iyengar (Freelancer ) 17 December 2009

That's no issue, since her siblings want to safe gaurd her interest and want to invest her share of money so that she gets a regular income for the rest of her life. Left to her son, he cares the least about her and might even leave her on the road without even a roof over her head.

Only, please tell me is there anyway he can put spokes in this deal? He has squandered all their assets and belongings, borrowed heavily using them as surety and left them in debts and is now eyeing for her sahre of inheritance, which he is expecting her to pass it on to him either willingly or by emotional blackmail.