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madhu   14 February 2018

Ancestral property

Ancestral property(if father died before hindu sucession act 1956. in my case 1943. still daughters have rights or not) Read more at: https://www.lawyersclubindia.com/forum/Ancestral-property-if-father-died-before-hindu-sucession-act-1956-in-my-case-1943-still-daughters-have-rights-or-not--159726.asp


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 14 Replies

Kumar Doab (FIN)     14 February 2018

You have pointed out Hindu Succession Act so IT is believed that you, your ancestors are/were all Hindu!

You have also posted that property is Land and in the name of your grandfather ;which is ancestral.

The grandfather is paternal or maternal.

The land is agricultural or rural/urban?

IT is in which state?

Who amongst ancestors was 1st owner; your grandfather or great grandfather (paternal/maternal)or……?

From 1st owner it is meant that the one who originally acquired/bought the land.

You may also indicate how the land was acquired say; from self earned funds or the land was say; given as Inaam/Award etc………………….and in that case T&C of such Inaanm/Award…!

What is date of death/month/year of death of 1st owner, then onwards …..?

Is your father alive?

Whether the said land was ever partitioned by registered partition deed?

Kumar Doab (FIN)     14 February 2018

You have erased your 2nd post.

Why so?

What was posted in your 2nd post?

What is date of death/month/year of death of 1st owner ( say great grandfather), then onwards …..?

How many sons, daughters, 1st owner (say great grandfather) had and then likewise grandfather, father…..

You may also post death/month/year of marriage of daughters starting from 1st owner.

You may most clear facts pointwise starting from 1st owner so as to avoid any confusion!

In the meantime you may go thru:

Whether daughter is entitled to inherit ancestral property

even if she was born prior to enactment of Hindu

succession Act?

https://www.lawyersclubindia.com/forum/Whether-daughter-is-entitled-to-inherit-ancestral-property-e-159236.asp

Kumar Doab (FIN)     14 February 2018

Succession opens on date of death of owner.

madhu   14 February 2018

grand fathers in my case are paternal grand fathers. all lands are agricultural and they are in andrapradesh.

great grand father died in the year 1943. on the time there is no property on his name. the brother of great grand father died in 1940

great grand father has 1 son and 2 daughter. daughters marriage done around 1960

my grand father accquired property after his fathers death. after partition between him  and great grand fathers brothers wife.

my grand farther got 10 acres of land.

my grand father is the absolute owner of the property from long back 1943.

my grand father died in 2000.

my grand father has only one son. no daughters.

my fathers has 3 childern which are me and my brother and sister.

my mother filled a partition suit including me and my brother and sister against my father and sisters of my grand father in 2000.

then 10 acres of land is divided into 4 shares .in which me my brother and sister and my father got shares.

sisters of my grand father died in the year 2008.

now sons of my grandfathers sisters claimg that their mother got right by birth.

and claimed to divide property which is in my grand father name  into 3 shares and asked to give 2 of such shares to sisters of

my grand father.

 

my father does not have any sisters and brothers he is alive

grand father  has 2 sisters. those sister sons/daughters asking rights for their women. grand father died in 2000.

great grand father died in 1943. he has one son (my grandfather) and 2 daughters

please help this is confusing case.

if you want any further details i will give u

thanks in advance

 

 

 

 

 

 

 

Kumar Doab (FIN)     14 February 2018

Originally posted by : madhu
grand fathers in my case are paternal grand fathers. all lands are agricultural and they are in andrapradesh.

great grand father died in the year 1943. on the time there is no property on his name. the brother of great grand father died in 1940

great grand father has 1 son and 2 daughter. daughters marriage done around 1960

my grand father accquired property after his fathers death. after partition between him  and great grand fathers brothers wife.

my grand farther got 10 acres of land.

my grand father is the absolute owner of the property from long back 1943.

my grand father died in 2000.

my grand father has only one son. no daughters.

my fathers has 3 childern which are me and my brother and sister.

my mother filled a partition suit including me and my brother and sister against my father and sisters of my grand father in 2000.

then 10 acres of land is divided into 4 shares .in which me my brother and sister and my father got shares.

sisters of my grand father died in the year 2008.

now sons of my grandfathers sisters claimg that their mother got right by birth.

and claimed to divide property which is in my grand father name  into 3 shares and asked to give 2 of such shares to sisters of

my grand father.

 

my father does not have any sisters and brothers he is alive

grand father  has 2 sisters. those sister sons/daughters asking rights for their women. grand father died in 2000.

great grand father died in 1943. he has one son (my grandfather) and 2 daughters

please help this is confusing case.

if you want any further details i will give u

thanks in advance

 

 

 

 

 

 

 

You have posted that:

“great grand father died in the year 1943. on the time there is no property on his name. the brother of great grand father died in 1940…………………….. my grand father accquired property after his fathers death. after partition between him  and great grand fathers brothers wife……………………. great grand father died in 1943. he has one son (my grandfather) and 2 daughters……………… now sons of my grandfathers sisters claimg that their mother got right by birth.”

Kumar Doab (FIN)     14 February 2018

 

Who is father of your grandfather’s sisters; your great Grandfather. Isn’t IT?

If there was NO estate/property in the name ( i.e. Title) of your great Grandfather at the time of his death then how can his sons, daughters claim any share?

The property that your grandfather acquired after partition between your grandfather and great grand fathers brothers wife was originally owned by whom; your grandfather and great grand fathers brothers wife? If yes  then your grandfather’s sisters may not have any claim in IT. Isn’t IT?

If NO then who was owner/title holder of this property; your great great Grandfather?

The confusion is to be removed by you about 1st owner title holder of the property in dispute with your grandfather’s sister’s  children!

madhu   14 February 2018

since my great grand father died in 1943. and his brother died in 1940.property is not divided when they are alive.

after their death my grand father accquired lands in1943.

even if we consider my great grand father as the the 1st owner and he died in 1943.after his deathe my grand father got properties.

then what about the shares of daughters of my great grand father.who are sisters of my grand father.

sisters of my grand father died in 2008.

whethe sons/daughters of my grand fathers sisters still have any chance to ask share for their mothers. when  my grand father is the owner of lands from 1943.

 

 

Kumar Doab (FIN)     15 February 2018

Originally posted by : madhu
since my great grand father died in 1943. and his brother died in 1940.property is not divided when they are alive.

after their death my grand father accquired lands in1943.

even if we consider my great grand father as the the 1st owner and he died in 1943.after his deathe my grand father got properties.

then what about the shares of daughters of my great grand father.who are sisters of my grand father.

sisters of my grand father died in 2008.

whethe sons/daughters of my grand fathers sisters still have any chance to ask share for their mothers. when  my grand father is the owner of lands from 1943.

 

 

You have posted in your last post that:

“since my great grand father died in 1943. and his brother died in 1940.property is not divided when they are alive…………..”

Kumar Doab (FIN)     15 February 2018

Originally posted by : madhu
since my great grand father died in 1943. and his brother died in 1940.property is not divided when they are alive.

after their death my grand father accquired lands in1943.

even if we consider my great grand father as the the 1st owner and he died in 1943.after his deathe my grand father got properties.

then what about the shares of daughters of my great grand father.who are sisters of my grand father.

sisters of my grand father died in 2008.

whethe sons/daughters of my grand fathers sisters still have any chance to ask share for their mothers. when  my grand father is the owner of lands from 1943.

 

 

You have posted in your last post that:

“since my great grand father died in 1943. and his brother died in 1940.property is not divided when they are alive…………..”

This is different from your earlier posts.

Kumar Doab (FIN)     15 February 2018

Apparently the sisters of your grandfather were unmarried at the time of death of their father; your great grandfather, since they were married in year1960. Isn’t IT?

You may reconfirm!

 

Kumar Doab (FIN)     15 February 2018

Are you sure that the disputed property was owned by your great grandfather and his brother?

Have you shown the entire mutation records with all link docs starting from mother document say; Shajra-e-Aks ………to a very able senior LOCAL counsel of unshakable repute and integrity specializing in Revenue Matters and obtained opinion of counsel specializing in Civil Matters ………….having successful track record…for a considered opinion?

Generically speaking:

1. The sisters of your grandfather are daughters of your great grandfather. Isn’t IT?

The brother of your great grandfather is Paternal Uncle of sisters of your grandfather.

The sisters of your grandfather are not ClassI legal heirs of their Paternal Uncle. If ClassI legal heirs were available at the time of their death of Paternal Uncle then they (sisters of your grandfather ) have NO share in estate/property of their Paternal Uncle.

2. The sisters of your grandfather are daughters of your great grandfather. Isn’t IT?

Until or unless their father left any estate/property undisposed at the time of their death, NO share is available for any legal heir.

3. Before anyone is assuming that their father left any estate/property undisposed at the time of their death…………….why don’t you confirm that some estate/property was left undisposed or not!

Another link was also suggested to you;

https://www.lawyersclubindia.com/forum/Whether-daughter-is-entitled-to-inherit-ancestral-property-e-159236.asp

Kumar Doab (FIN)     15 February 2018

Originally posted by : Ramesh Singh
Sir, in your other thread, me already dodge to check yours, and your replied, once you posted the year 1943, its an easy to devolve w.r.t. family tree.
Mind it. Have an ability to dispose suit with three hearing, 1n by plaintiff, 2nd to defense, 3rd decree. Isn't it!

 

What reply and to whom?

Kumar Doab (FIN)     15 February 2018

Originally posted by : Ramesh Singh
@ Mr. Kumar Sir, Querist trapped in his own query.

 

What is this Trapped?


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