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mcraj   08 August 2018

Ancestral property

I am Raj.Mymaternal grand father expired 18-12-2017.My mother was the only child to him. My mother expired in 1969.My father expired in 2011.My maternal grand mother expired in 2008.I have one brother.After death of maternal grand mother NANAJI was alone and used care by his cousine in village.His cousine had write and signed will in 2014 for the agricultural land.His cousine had sold with his pressure 5 vigha land to somebody.We came to know about it after death of my maternal grand father.my maternal grand father's cousine has approched civil court for probate where I had made objection. I had applied for varsai in tahesildar office where he had objected but the Tahesildar had rejected his objection and pass tharav in my favour. He had filed apeal in deputy collector office where hearing is not started. My question is what will happen in the civil case of probate and varsai in deputy collector office.How to go ahed in this matter to recover the land sold by the cousine with the sign of my maternal grand father. The total land was a ancestor's property. What are the chances of gettng result in my favour? My advocate telling we have to file criminal and civil case for to recover sold land also. Please help me to provide right direction .


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 4 Replies

Kapil Chandna (Lawyer at Supreme Court of India)     08 August 2018

Sir,

 

Seek cancellation of the sale which was already made, file a criminal case for cheating and forgery .....

 

Warm Regards 

Kapil Chandna Advocate 

9899011450,9911218741 

www.kapilchandna.legal 

Kumar Doab (FIN)     10 August 2018

Which personal law applies in your case?

Are you all Hindu?

The said property (whole) is agricultural land, rural, Urban, or it is a building?

Your mother was married as on date of his father?

The property is in which state?

Was your maternal grandfather 1st owner of the property amongst forefathers?

Was IT ever partitioned?

Has your very able senior LOCAL counsel of unshakable repute and integrity specializing in Testamentary/Succession/Civil matters and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..with whom you have shared inputs /shown the documents/evidence for a considered opinion.. confirmed that property is indeed ancestral (Pushtaini) or self acquired?

The whole property is disposed by WILL?

Confirm!

1 Like

Kumar Doab (FIN)     10 August 2018

 

At each location three are some counsels that specialize in such matters and they are well known.

Check for such counsels at LOCAL civil courts, HC, SC……

 

If the property is indeed ancestral then WILL may not be valid!

The testator cannot dispose share of others by WILL.

The tile holder/owner cannot sell share of others.

If your maternal grandfather sold HIS property by appearing before registering authority then the sale may be valid.

Ancestral Property: is the one that is four generation old …….acquired by the Hindu great grand father, which then passes undivided down the next three generations up to the present generation of great grand son/daughter

Self acquired property can become ancestral property if it is thrown into the pool of ancestral properties and enjoyed in common.

 

In case of Hindu male dying without disposing her estate/property in her life time by a valid/registered deed the 1st right is of ClassI legal heirs ie.e Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters……

 

In case of deceased Hindu woman dying without disposing her estate/property in her life time by a valid/registered deed ClassI,II is not applicable rather nature and source of property matters.

 

If the property is self acquired/earned/absolute in the hands of Hindu woman the 1st right is of her husband (if alive as on date of death) and sons, daughters…………

If property is acquired from husband side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of husband..

If property is acquired from parents side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of father..

 

You have already contested the WILL.

Your own counsel as alresdy suggested above that is well versed with case history and documents on record is to help you to succeed in court for WILL as well as the sale that you may intend to oppose.

 

1 Like

mcraj   20 November 2018

Originally posted by : Kumar Doab
Which personal law applies in your case? HUF

Are you all Hindu? YES We all Hindu

The said property (whole) is agricultural land, rural, Urban, or it is a building?
      = Agricultural land
Your mother was married as on date of his father?

The property is in which state?  GUJARAT

Was your maternal grandfather 1st owner of the property amongst forefathers?  YES

Was IT ever partitioned?
NO
Has your very able senior LOCAL counsel of unshakable repute and integrity specializing in Testamentary/Succession/Civil matters and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..with whom you have shared inputs /shown the documents/evidence for a considered opinion.. confirmed that property is indeed ancestral (Pushtaini) or self acquired?

The whole property is disposed by WILL? NO

Confirm!
     

 


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