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PropertyDivision (NA)     12 September 2012

Share in property?

 

My Grandfather died without a Will in 1950 leaving behind 2 sons and 4 daughters. He owned 16 acres of land close to Chandigarh. Daughters were well settled and did not claim anything. That land was mutated equally in his 2 sons names (8 acres each and one of them is my father). Those lands were acquired by Govt in 1976 and the compensation was given in separate cheques to the 2 brothers. My father used the money to buy a shop and bought a 200 sq. yard plot on which he built our home by taking a loan from the company in which he worked.

We are 2 brothers and 1 sister. Now my father wants to divide his property amongst his  2 sons only and does not want to give me anything saying that he has already taken care of me by giving adequate dowry in my marriage. My husband's friend is saying I can claim my share in my father's property since the proceeds from ancestral lands were used to make this property and I have 1/3rd share. But somewhere on this forum, I read that the property inherited under Section-8 of HSA1956 is the personal property and it is not the HUF or Coparcenary property/Ancestral property.

Need urgent help. Please guide me what to do.

 



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 4 Replies

Anish Thakur 7018812737 (advocate)     12 September 2012

yes, you can claim for your share in that property.

PropertyDivision (NA)     12 September 2012

Thank you Sir. But then why Section-8 of HSA1956 says that it is the personal property of my father once it got transferred in his name after the death of my grandfather (as it amounts to a Division of Ancestral property) and thus the Ancestral character is lost. 

I would really appreciate if the experts here could clarify this.

 

Ajit (-)     12 September 2012

Dear Sir's,

I ned to know about below things , it  will be pleasure to have your opinion for the below.

Person A is principal lease of individuval plot alloted. After obtaining compltion certificate , Person A sold 30 % of the plot to person B, without consent from competant authority. After that authority regularised the same by adding person B as a partner in plot. But Authority did not mentioned any where about the shares of A & B.

After some time person B sold his share to C , by submitting forged NOC of person A. So what person A can do for the same ? Now person C is going to sell his share to D & required NOC for the same. But person A lernt that the agrrement made by person C & D are of 50% od plot area which is not correct.

Let me know what action person A can take for above matter ? 

PropertyDivision (NA)     13 September 2012

Ajitji: Pls start a separate thread for your query and pls dont digress the experts from my query.

Anishji: Pls clarify how can I go around Section 8 of HSA Act which made my father the absolute owner of the properties after the death of my grandfather? We have limited resources and would like to start litigation for my share when reasonable sure of getting something out of it.

I hope the experts understand my condition.

Best regards 


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