cpc

ancestral property dispute

BUSINESS COORDINATOR

Hi,

Myself a lady aged 33yrs old. I belong to Kerala. My father expired 24 yrs back in an accident. My grandfather and grandmother are still alive. They have done the partition of their property among the remaining 3 sons excluding my father.The property is ancestral property.They have not given us even a single cents of land.

I would like to know whether I have the right to get a share of that ancestral property?

If so, where should I file the suit. What all documents would be required to file the suit.

If i fight for this said case will I win the case .

Whether i should file the case or my mother should file the case?

I being settled in Delhi, wud it be possible for me to fight this case sitting here in delhi without going to kerala.

Awaiting your reply.

 

Regards,

 

Nisha Nair

 
Reply   
 
subregistrar/supdt.(retired)

as the property is ancestral, it should be devolved between the legal heirs.  as your father died your mother and you have right over the property. consult a lawyer at keral to file case where your mother is residing and the property is also there

 
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Assistant Manager

Dear Sir

     My mother in-law want to handover the property to my wife, but she want one third money to clear her personal  loans,

in that case can i apply home loan through bank.

what are all the document i need to ensure at the time of  registration

Regards

K.S.BIJU

 
Reply   
 

Father (died in 1998) had left two properties. He had two wives and each wife has sons and daughters. Both of the wife’s are alive. In 2001 they have separated the property and Property A went to one wife and property B went to another. All the members of the family who were in HUF in 2001 according to Karnataka amendment signed the NOC and submitted to BBMP (Bangalore Mahanagar palika) alongwith the application. BBPM has prepared the separation deed upon receiving the NOC with application request and transferred the Katha of the properties A to one wife and Katha of the other property to another wife to establish the clear title and ownership. Separation deed is signed by the commissioner that point of time and after that regular tax is paid by the wives for there respective independent properties. Records are available with BBMP.  This is how the property was separated in 2001 but it is not as per 1908 act.

Later one wife with her legal hires sold the property to me in year 2006 without sharing the information about other wife. Loan was also taken from Bank which is still continuing. Now in year 2014 one of the daughter who got married before the Karnataka amendment filed a case to claim over the property.

 

Let me know if such daughter has the legitimate share in the property and being a third party what are the option and point to focus with me to defend the case.

 
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