Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Father of lovely Daughter (Father)     22 July 2017

Ancestral property

Respected Forum Members,

 

 My name is Ashish, we were a joint family until my younger brother got married and the whole family came crashing.

i was living with my wife and 2 children in a property which was purchased by my Great Grand mother ( a ). She later made a will and willed to my Grand father ( b ) my Grand mother ( c )my father ( d ) and my Chaca ( e ). A, B C died and later e sold the part of his property in agreement of relinquishment deed cum dividation deed with d. 

I left the home in october last year in which i was occupying a room, a kitch and bathroom, due to family fued. But later my younger brother broke open my portion and is now compelling my father to sold of the property.

Dear Members, Please advise

1. Do i have any right on this property.

2. How can i stop the renting or sale of the said property.

3. What are my rights on this property

 

please advise.

 

Regards.

 

TKS



Learning

 10 Replies

Susen Nath   22 July 2017

Yes u can step against it. Have u made GD in urban PS? Do you have all govt. documents which u told above? Hair Law year in your area and tell him make case suit 107 and 144 in favour Urs and together wilthey urgent Police station.

Susen Nath   22 July 2017

Yes u can step against it. Have u made GD in urban PS? Do you have all govt. documents which u told above? Hair Law year in your area and tell him make case suit 107 and 144 in favour Urs and together wilthey urgent Police station.

Kumar Doab (FIN)     22 July 2017

It is believed that you are all Hindu.

Confirm!

Kumar Doab (FIN)     22 July 2017

Where is this property located?

Kumar Doab (FIN)     22 July 2017

The property purchased by Hindu woman should be her self acquired property.

She can dispose it by a valid WILL.

The WILL comes into effect after death of testator (owner).

Was this WILL duly acted upon without any cloud on it that may involve NOC from all legal heirs of testator, certified copy of WILL, death certificate of testator, legal heir certificate of testator…..to the authority under whose jurisdiction property falls……………..

 

Or was the said WILL probated………..

The property that devolves by WILL should be of nature self acquired.

 No one including sons/daughters/wife/husband etc has any forced share in self acquired property of owner……….

 

 

Kumar Doab (FIN)     22 July 2017

As per your post your father (d) is alive.

It being his self acquired property (his share) he could dispose it in any manner as it pleases to him e.g; relinquishment, gift ( as posted by you)..............

You have NO forced share in his or your uncles share...........

Kumar Doab (FIN)     22 July 2017

Property from mother's side is not ancestral.

1st right on Hindu woman's property is of her husband,sons,daughters.....

Property that devolves by inheritance is of nature is self acquired.

Grandson has NO forced share in Grandfather's property..........

Property that devolves by inheritance is of nature is self acquired.

Kumar Doab (FIN)     22 July 2017

Apparently if your father's share is left he can provide it to you (out of his share) by his sweet will...........................in his life time by  a valid/registered deed.............or let you stay in it again........

Self acquired property can also be thrown in ancestral pool..............

Or if you can establish some part of property is ancestral to you then being Co-parcener you can stake claim on it......

 

For the same you may show all prooerty related docs to a ery able local senior counsel of unshakable repute and integrity specializing in revenue/sucession/civil matters for a considered opinion.....

 

Kumar Doab (FIN)     22 July 2017

How are your terms with your father!

Advocate Bhartesh goyal (advocate)     23 July 2017

Your father got the share in questioned property through will and now your father is absolute owner of his share so he can transfer/sale his share as per his wish.

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