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nitesh (dfg)     02 June 2011

Ancestral property

My grand father dying intested & property was Ancestral.Grandfather has 2 Son's & 5 Daughter . But all Daughter has Dead, At that time her legal heirs have can right to get their share in property of their mother. please suggest......



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 5 Replies

prabhakar singh (advocate)     03 June 2011

Your last line is confusing yet i am trying to answer. Perhaps you want say,your grand father died living behind him,two sons alone as his five daughters born to him died during his own life time.And that he did not make any will in his life.

If this much is the fact,then naturally property in his hands will devolve upon his two sons,and also up on issues of his sons,male or female.

now i am puting your words which is not clear and confusing me to comprehend facts:At that time her legal heirs have can right to get their share in property of their mother. please suggest......

Guessing that you want to say that5daughters predeceased your grand father but they had issues male/females who are there on the death of your grand father,if it is what you have asked, then my answer is that if your grand father died post 2005amendment Act in Hindu sucession Act,then  these all will also inherit since now every one ,male or female is treated  as  member of coparcenary while in old law only males were so treated.

And if you mean some thing else by your above expression,please return with clear facts.

nitesh (dfg)     05 June 2011

thanks to suggest me

nitesh (dfg)     05 June 2011

I have a another some queries,

1)  we have anscestral property, that property has the name of my grand father,my grand father was dide without making any will, after death of grand father property was on the name of my elder uncle as "karta purush" & also my father name was their, after death of elder uncle property transfer to the name of his wife(my aunty) & after death of aunty property transfer to the name of their Daughter(my cousine sister) as a "MANAGER"(prabandhak).  she(my cousine sister) didn't  have any legal heirs. But my cousin sister make a will of that property. so i want to aske , can she have rights to make a will of ancestral property. And also woman can play a role as a "prabandhak."  suggest me...........

2)  As above I menstion, She(My cousine sister) make a will. And my elder brother challeng that will, But Senior Division Civil court dismiss the case & new appeal pending in the District court. There are some point to be  remaining to include in that appeal.

so suggest me...... can my unmarried daughter file a new civil suit against the will. & how many fees require for that filing a suit?

nitesh (dfg)     05 June 2011

3) We have agriculture land, it proposed to sale the party & taken advance from him. But due to some problem that land was not sale. Party gone in court against the agreement of sale. He get  the decision from court in favour of him. And I challang lower court decision in civil appeal, & the civil appeal decision goes in favour of me. And as per decision I approach to "Tahasil Court" for getting name in 7/12 (satbara) Extacts. the Rvenue dept. have taken entry of our name in "Khat Utara." But foot note written as disputed land & the "Tahasil Court" matter submitted to "Sub Divisional Office"(SDO) clearing the disputed word. Now matter pending in S.D.O. court from one year. They have not taken any action till to date.

 

Please Advice me, what legal action will have to take against  S.D.O.

& also advice whether we can file a suit.

& the land is in posession of the party without any legal rights, So how I can get posession from him as early as possoble..

prabhakar singh (advocate)     05 June 2011

1a)"so i want to aske , can she have rights to make a will of ancestral property."

1b)"And also woman can play a role as a "prabandhak".

Ans.to 1a) property devolved after death of your grand father on your uncle and your father.your uncle died hence your uncle share stood devolved upon your aunty,your aunty too died,it stood recorded in name of her daughter who being issueless has executed a will.THIS WILL IF PROVED ATTESTED BY HER THEN SHALL BE VALID FOR 1/2 OF THE PROPERTY. AS OTHER 1/2 BELONGS TO YOUR FATHERSIDE.

1b) NO CONVENTION HAS BEEN THERE BUT THERE IS NO LEGAL BAR,SHE WAS ALONE IN HER SIDE. MOREOVER WHY YOUR SIDE BE YOU OR YOUR FATHER NOT VISILENT AT THE TIME OF SUBSTISTUION OF RECORDS IN HER NAME.

2)AS THE WILL IS BEING CONTESTED IN COURT ,NO MORE CAN BE SAID IN ABSENCE OF PLAINT,W.S.,EVIDENCE RECORDED AND JUDGEMENT PASSED.

3)FROM MENTION OF 7/12 I GUESS TO BE A CASE IN (MUMBAI)MAHARASHTRA. PLEASE NOTE THAT I AM FROM UP.LAND LEGISLATION RIGHT VESTS IN STATES WHO HAVE PASSED THEIR OWN ACTS  AND AS THEY ARE NOT UNIFORM, I BEING UNKNOWN WITH THERES'LAW CAN NOT GIVE ANY OPINION ON PROCEDURAL MATTERS.

I CAN SAY ONLY THAT PARTY DISPOSSED SHOLD FILE A SUIT OF POSSESSION,BUT IN WHICH COURT IT SHALL  BE FILED CAN BE TOLD ONLY BY LOCAL LAWYER AS THE STATE IS DIFFERENT.


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