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Mani   10 January 2017

Ancestral property dispute

Dear Law Experts,

Please find the below details and do the need ful. Thanks in Advance..

=========================================================================

A -- Great Grandpa

 

B -- Grandma (Daughter of A)

C -- Grandpa (Husband of B) (Son in law of A)

 

D -- 1st Daughter of (B and C)

E -- 2nd Daughter of (B and C)

F -- 3rd Daughter of (B and C)

 

G -- Son of E

H -- Daughter of E

 

Property details - 10 Cent

 

1st transfer of property

Based on gift deed, from A the property is transferred to B registered in registrar office

 

2nd transfer of property

The 10 cent is divided in to 4 partition and transferred to 4 members based on the Legal heir certificate.

(Legal heir certificate is made after the death of grandma, based on the certificate C, D, E and F are the legal Heir of B)

This Family arrangement deed is done in District Munsiff court and the judgement registered in registrar office.

 

Family arrangement deed like below

C - Has transferred the rights to G

D - No transfer. D is holding the property currently

E -  has transferred the rights to H

F - No transfer. F is holding the property currently

In this situation D is still asking some share in the property of G and whether is it legal? Please support me for this query.


Thanks and Regards

Mani

 



Learning

 15 Replies

Kumar Doab (FIN)     10 January 2017

It is believed that all are Hindu.

The property of A was self acquired or ancestral?

Confirm!

 

1 Like

Kumar Doab (FIN)     10 January 2017

Assuming that all are Hindu:

And property in the hands   of A was self acquired or he gifted upto his valid share by valid/registered gift deed to B. Was it gifted during marriage or later.

The nature of property in the hands of B acquired from father A, should be self acquired.

 

The legal heirs of Hindu Female are: Husband and sons and daughters, and they shall share the estate equally. Since all of them were present it was inherited by all of them ( C,D,E,F) as per legal heir certificate. The nature of inherited property should be self acquired.

Anyone can dispose his self acquired property in his/her life time in anyone’s favor by a valid deed.

Since C,D,E,F are all alive; G, H have NO forced share in property of their mother, father, grandfather.  

 

Thus G cannot ask for anything.

Challenge to: Registered family agreement/settlement, if done by free will and consent of owners, may not succeed.

 

C,E can by their free will give anything to G.

 

Mani   11 January 2017

Dear Sir,

Thanks a lot for your reply and data.

BTW, for your question " The property of A was self acquired or ancestral? Confirm "

Property of A was self acquired.

Thanks
Mani
 

Kumar Doab (FIN)     11 January 2017

Dear LCI querist @ Mani,

You are welcome.

I have already posted.

Mani   12 January 2017

Dear Sir,

Got it. Thanks a lot.. smiley.

So D has no legal rights to ask anything to G. Am I right? (Since D claims that, B is the father of D and still D need some additional shares).

Thanks and Regards

Mani

 

Kumar Doab (FIN)     12 January 2017

There seems to be some error.

G is son of E and not D. G has not forced share in estate of D.

B is mother and not father as per your previous post.

 

You have posted that:

 

"Dear Sir, Got it. Thanks a lot.. . So D has no legal rights to ask anything to G. Am I right? (Since D claims that, B is the father of D and still D need some additional shares). Thanks and Regards Mani"

Kumar Doab (FIN)     12 January 2017

The property is in which state?

Have you shown all dcos on record to  a local counsel well versed with lcoal laws (if any applicable in your case)?

If yes what is opinion of your own counsel.

Mani   12 January 2017

Dear Sir,

You are correct, there was one typo error.. Sory for the inconvinience... i corrected the in the below statement.

So D has no legal rights to ask anything to G. Am I right? (Since D claims that, C is the father of D and still D need some additional shares)

Thanks and Regards

Mani

Kumar Doab (FIN)     12 January 2017

You have not replied to the points raised in last post.

Kumar Doab (FIN)     12 January 2017

The property is in which state?

Have you shown all docs on record to  a local counsel well versed with lcoal laws (if any applicable in your case)? If yes what is opinion of your own counsel.

 

What is the basis of claim of D?

Kumar Doab (FIN)     12 January 2017

In threads at various Forums like LCI; the members/experts post per limited understanding that is possible from limited information in query/posts.  

The online discussions have their own limitations.  

The querists should preferably consult their own elders in the family, competent and experienced well wishers, and their own counsels ( specializing in respective filed of law) at their own locations and become properly informed before taking qualified decisions.  

The ones that would like to be Party In Person for their matters may also go thru text books, information available thru internet.

1 Like

Mani   13 January 2017

Dear Sir,

Please find the below info (in red font) for your question.

The property is in which state? - Tamilnadu

Have you shown all dcos on record to a local counsel well versed with lcoal laws (if any applicable in your case)? If yes what is opinion of your own counsel.

Yes. I have shown all the records to Local counsel and based on their advice we did the partition suit and family arrangement deed in the District Munsiff court.

Actually D is not claiming additional property legally in court, she is asking us personally and creating some troubles to our family.

Regards

Mani
 

Kumar Doab (FIN)     14 January 2017

Personal requests are to be decided by persons to whom request is made.

They can still give any property by their own sweet will.

NO one can stop.

So they can say; NO and Yes as per their sweet will.

Rest your own counsel, well versed with matter and docs on record  can guide you further.

1 Like

Mani   16 January 2017

Thanks a lot Sir.. smiley


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