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Subha (Software engineer)     16 August 2018

Ancestral property dispute

Respect Sir,

 

Our ancestral property is in dispute in lower civil court. The judgement has come to be equal among 5 people.

I stayed with husband and mother-in-law for more than 30 years. After my husband's death, his 3 sisters and 1 brother has filed case and judgement has come.

Am willing to pay others, but they are being very rude and not polite.

Query 1. What can we do in this case ? Can I appeal in higher court. Will they accept this appeal. What can I say in that appeal ?

Query 2. Any better treatment will be given for me as a widow or priority to appeal the case in ?

Query 3. How can I approach the court for buying that property ?

Please provide me your suggestions.

 

 



Learning

 11 Replies

kirti kabra   16 August 2018

Intestate succession refers to an estate where no will exists. A wife takes all of her husband's intestate estate, if he does not have children with another woman. If a husband shares children with a woman other than his surviving spouse, the children will receive part of the intestate estate. A probate court case must be opened in order for a wife to obtain assets from her decedent husband's intestate estate.

Subha (Software engineer)     16 August 2018

Hi Kirti,

The property is very small less than 900 sq.ft[for 5 ppl]. We do not want them to sell it to others.

What can be done in this state ?

TGK REDDI   16 August 2018

One can go in for an Appeal only when one is not satisfied with a judgment.      You're satisfied.       No question of Appeal.

Let the other plaintiffs appeal.

TGK REDDI   16 August 2018

Meanwhile you can file an Execution Petition.

Subha (Software engineer)     16 August 2018

We are fine with the judgement, but we want to buy each one shares.

 

if they are not willing to sell to me, how can I stop them from selling it to others.

TGK REDDI   16 August 2018

Your intention is illegal.

Adv. Varun Vij (Advocate)     16 August 2018

Hello Ma'am,

a. Please convey if the status of the property and how it came in possession of your husband. Was it given based on will?

b. If the property was solely in the name of your husband the share will go first to your children, if you got no children then to you. Your husband's siblings cannot claim title of property owned by him.

If the relatives harress you then you must file a Testamentary Petition in the High Court of your jurisdiction. 

 

Subha (Software engineer)     16 August 2018

Sir,

how can my intention be illegal.  Am willing to pay the money for the shares they own.   Am justing asking the legal ways here. If my intention was illegal, first place I would not have asked a question here.

Please think about others situation and then answer. Dont jump into conclusion immediately.

 

 

 

TGK REDDI   17 August 2018

The other four people as well as you are given absolute rights over the  shares by the Court.       I still think it's illegal to impede them.     Kindly explain how I'm wrong,

Ashish Gupta   22 August 2018

Unfortunately there is no ROFO clause in courts judgement (A right of first offer is a contractual obligation by the owner of an asset to a rights holder to negotiate the sale of an asset with the rights holder before offering the asset for sale to third parties.) You will have to abide by the courts decision or try to negotiate with the other parties.

Subha (Software engineer)     23 August 2018

Thanks for your suggestion Sir.


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