Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
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Srinithya (Trainer)     01 August 2012

Ancestral property

My mother's father has his father's property and he has 5 sons and 4 daughters. My grandfather used his property all his years and now all his sons have sold most of the property and they have not given any share to daughters. They have also transfered the anscestral property land's on their wife's names.

Now we dont have the documents for all the property and can my mom claim the property share for the properties that are sold also?

if we put case on them will court help us by collecting documents of the properties? Can we ask share for all the properties sold till date?

My grandfather is 90 years old. Please help?



 3 Replies

Praveen Singh (Lawyer)     01 August 2012


It is presumed that you are a Hindu. If the same is correct then though the property acquired by your maternal grandfather may be self acquired or ancestral, it is further presumed that he died without making any will.

Thus, all his heirs including your mother has a right in the poperty (5 sons+4 daughter= 1/9th undivided share). Thus, even if the property is sold your mother can file a suit for cancellation of the sale deed in favour of a third party within 3 years of coming into knowlede of the same.

Srinithya (Trainer)     01 August 2012

Thanks for your reply sir. They have been selling the property for a more than 10 years but we were assuming that my grandfather will give equal share to everyone but when my mom approached my uncles and grandfather for money for my  wedding they insulted her and didnt give her any money. Can we still claim share for all the property they sold all these years?

Also, in all the land documents only brothers sign and take equal share and non of the ladies have signed any document so far. Further to this, My uncle's have transfered few properties in their wife's name?

We dont have and dont know the complete property details. Can court help us in gaining all the documents? Can we still claim share for all the property they sold all these years?





Praveen Singh (Lawyer)     01 August 2012

Engage a Lawyer wherever the Property is situated, provide the details of property and ask him to carry out search for the sale deeds and documents relating to the property. All the sale deeds and registered documents would be reflected in the search. Thereafter you can claim cancellation of the Sale Deeds in favour of third parties and wife of your uncle.

Later, as a result your uncle could come to settlement giving money but same can not be asked ina suit and only cancellation of documents may be asked for.


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