Prashant Agnihotri (Assistant Manager HR) 21 May 2016

Legal meaning and rights of words in the will

Dear Lawyers,

I want to know if one of my forefathers gave an ancestral property to my grandfather Prem Narayan (and his son) but in that property he gave a shop to my father Shiv Narayan (his grandson) and mentioned-

"Ek dukan Shiv Narayan ke dakhal aur kabje me rahegi aur Prem Narayan ise kabhi bhi khali nahi kara sakte"

1. Can Prem Narayan or his son (after Prem Narayan's death) sell the shop? or

2. Can Prem Narayan or his son (after Prem Narayan's death) ask the spouse of Shiv Narayan (after Shiv Narayan's death) to vacate the shop?

3. What is the legal meaning and right of words "DAKHIL" and "KABIJ" under ancestral property act?

4. Kindly also share any judgments in favour of Shiv Narayan or Spouse (after Shiv Naraya's death) if the property is sold without any consent from Shiv Narayn or Spouse.

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2 Replies

Kumar Doab (FIN) 22 May 2016

Repeated Query:

https://www.lawyersclubindia.com/forum/Verdict-reference-required-for-ancestral-property--137020.asp

https://www.lawyersclubindia.com/forum/Who-has-the-rights-to-claim-the-ancestral-propperty--136597.asp

It shall certainly be appropriate to show the WILL to an able counsel specializing in family/property/civil matters and proceed further under expert advise of your counsel.

Your counsel may defend your interest.

T. Kalaiselvan, Advocate (Advocate) 27 May 2016

Any opinion given on the basis of insufficient details provided by you shall be a misguidance and will mislead you.

You cannot produce the entire details in this forum hence produce the relevant documents before an experienced civil lawyer and get his opinion in person.