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giri (officer)     27 April 2017

Ancestoral property distributed under family settlement

My Grandfather mother's( already has 3 childrens) has 2 marriages and both are legal. 1st husband already has 2 kids. they doesnot has their own kids. With Family settlement 3 home distribute in 3 brothers verbally but not in papers. we are living there from 50 years and this is the 4th gen who is living there. my father and grandfather was died 8 years ago and now the real son of our step grand wants to leave us from that house. because in property papers there name is still mention and we are getting only small portion of that house. is there anything we can do on this. because they are my wife in laws(Chacha Sasur). is there any widow rights which we can claim on that, as my married in this house only. the property is ancestorial and not equally distributed. among this property there is another property of 10 biswa in which in laws residing. that property was not distributed second wife's 3 sons. can we claim on that property also. as there is no will of step grandfather. kindly let us know what we can do. what rights my mother has and what rights the grandchildrens has. Is there any grandchildrens right that we can claim for equally distributribution of property among all childrens now. Now as above mentioned we want to sell our property but we have not papers. What we can do in this? we called the mahilla ayog also to help in this but they said that they cant help on it as this is property issue. but the chacha sasur and his wife continues threatning us. we registered the case in panchayat but they said that the property is in laws name and may be we should empty that property. We spend lakhs of money on that house and currently renovation is going on. When property were distributed nobody has problem that time but now after 50-60 years they are claiming on the property in the basis of papers (in which there names are mentioned) kindly guide us



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giri (officer)     27 April 2017

Originally posted by : giri
My Grandfather mother's( already has 3 childrens) has 2 marriages and both are legal. 1st husband already has 2 kids. they doesnot has their own kids. With Family settlement 3 home distribute in 3 brothers verbally but not in papers. we are living there from 50 years and this is the 4th gen who is living there. my father and grandfather was died 8 years ago and now the real son of our step grand wants to leave us from that house. because in property papers there name is still mention and we are getting only small portion of that house. is there anything we can do on this. because they are my wife in laws(Chacha Sasur). is there any widow rights which we can claim on that, as my married in this house only. the property is ancestorial and not equally distributed. among this property there is another property of 10 biswa in which in laws residing. that property was not distributed second wife's 3 sons. can we claim on that property also. as there is no will of step grandfather. kindly let us know what we can do. what rights my mother has and what rights the grandchildrens has. Is there any grandchildrens right that we can claim for equally distributribution of property among all childrens now. Now as above mentioned we want to sell our property but we have not papers. What we can do in this? we called the mahilla ayog also to help in this but they said that they cant help on it as this is property issue. but the chacha sasur and his wife continues threatning us. we registered the case in panchayat but they said that the property is in laws name and may be we should empty that property. We spend lakhs of money on that house and currently renovation is going on. When property were distributed nobody has problem that time but now after 50-60 years they are claiming on the property in the basis of papers (in which there names are mentioned) kindly guide us

 

Kumar Doab (FIN)     27 April 2017

Pls redraft query so as to convey a clear message.

Kumar Doab (FIN)     27 April 2017

Generically speaking: The share is as per personal law that applies e.g; Hindu Succession Laws.

 The 1st right on self acquired property of Hindu woman dying intestate is of her: Husband, sons, daughters.

The 1st right on self acquired property of Hindu man dying intestate is of his ClassI legal heirs i.e; Mother, Wife, sosn, daughters………………

Share can be calculated as per family tree of each owner (Co-Sharer).

 

The Family Agreement (Registered) should be on reasonable terms and with intent to avoid litigation in cases of complex disputes.

Oral Partition has to be proved.

Gossip, rumor, heasay are not partitions, settlements.

Also; if anyone say:A, is title holder then A is owner.

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