Upgrad LLM

ancestral property


When i was 4 years old, my father expired and my fathers 2 brothers has divided the whole property into 4 parts where we got 1 share and my grand patents got 1 share and the other 2 brothers of my dad got each 1 share. When the property got distributed among us , they took a signature from my mother and thumb impression of mine saying no rights on my grand parents property. So now we wanted share in my grand parents property which is ancestral property. Is that a valid claim?

 
Reply   
 
Lawyer

It is not a partition but "family settlement", which has been accepted by all claimants, however, if you do not agree may file a suit for partition.

Contact, consult and engage a local prudent lawyer for proper appreciation of facts/ documents, professional advise and necessary proceeding,

 
Reply   
 


Advocate

You can file a suit for partition. Depending upon the pleading in the written statement, ffurther course could be worked out.

 
Reply   
 
Retired employee.

First, get hold of those documents on which you /your mother has signed.  Get such mutation records from Revenue/Municipal authorities.  Depending on your age, your advocate may search for ways to save from the limitation period and even explore the possibility for cancellation of deeds on grounds of undue influence/Fraud depending on such facts.

 
Reply   
 
ha21@rediffmail.com Mumbai : 9820174108

Originally posted by : Sathish Reddy
When i was 4 years old, my father expired and my fathers 2 brothers has divided the whole property into 4 parts where we got 1 share and my grand patents got 1 share and the other 2 brothers of my dad got each 1 share. When the property got distributed among us , they took a signature from my mother and thumb impression of mine saying no rights on my grand parents property. So now we wanted share in my grand parents property which is ancestral property. Is that a valid claim?

 

1. IF the property was "ancestral property" and "IF" the property was "divided" and "accepted by Uncles, Mother & Grand Parents and recorded in the Revenue Records, THEN such property shall loose its status as "ancestral property".

2. By virtue of above, each individual owner of such divided property is entitled to Sell /Gift /Transfer WILL //Donate /Mortgage /whatever.... with his property without any legal restrictions or NOC or permission from ANY of the existing Legal Heirs.  This means that you can claim your share in Grandparents divided portion of property only after his demise provided they has not executed any WILL for their own share of the property.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

 
Reply   
 

this agreement has took place when i was 4 years. Is that a valid agreement, because i was minor.

 
Reply   
 
Retired employee.

1.Your present age, date of knowledge, are also important.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  


 

  Search Forum








×

Menu

CrPC MASTERCLASS!     |    x