Ancestral property issue


Hi All,


This is Shyam from Pune,  I have an issue related to ancestral property of my Wife as below:

My Mother-in-law married to other man after the death of my real Father in law, who was having 1 daughter (my wife) and a son, who is minor,  but post her second marriage they did not accept both (my wife and brother in law)of them due to which they stayed with there uncle (mother's brother), my wife's grandfather had a property in pune and was having 2 sons one of which was my Father in law, and other one is alive, without my wife's consent they gave that property to a builder to develop and the builder and they have agreed upon something which we are not aware, so do my wife and her brother have rights in that property, if yes, please suggest how can we go ahead to get the share in that property as my brother in law is minor he doesn't have anything except that, also we do not have any documents with us related to property, once we called her uncle that we want share he said who are you and i didn't have any brother like you are saying, we didn't have document other than ration card of her father showing that my wife and my brother in law is my Father in Laws children,  is there any way that her uncle have removed my Father in law's name as his brother from documents and become whole and sole owner of property because he says he will prove that he was not having any brother existed.... please suggest what can be done.

 
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Lawyer in Hyderabad.wats app no.9989324294

Your wife and brother-in-law having legal rights on ancestral property. File an injunction suit in local civil courts. approach a local civil lawyer immediately.

 
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Advocate

Sanket,

Pl apply for an encumberance certificate at the local sub - registrar's office to know the actual status of the landed property.In order to apply for the E.C you should provide the correct address and the survey no in the application  and ask them to give you a E.C with a search period of 30 years. This document will give the details of the ownership and subsequent encumberances on the property if any. Good luck.

 
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www.vashiadvocates.com

Your mother-in-law does not have any right on the property of your real father-in-law after her marriage to another person. All rights of your father-in-law in the ancestral property reverted to his children after your mother-in-law married again.

Since, this is ancestral property and there is apparently no will, the property will devolve according to the Hindu Succession Act. Therefore your father-in-law's rights in the property will devolve to his son, i.e. your brother-in-law. If he is a minor, then your wife can apply for guardianship.

 
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hi 

my mother's great grand father had some 8 acres inam land.He had  2 sons.My grand father X & his brother Y.Then Y had 6 sons ,they all took 4 acres of share...My mother's father X ,has 3 sons and 4 daughters.That is my mother has 3 brothers.These 3 brothers gave our grand father house to only sister mentioning that she is the only daughter ( according to my mother's brother they gave her the house because she got married after 1985).Till date they never gave a single penny to my mother.we are 5 - me and my brother and my 3 sisters.we had to mortgage our house for our sisters wedding but my mother's brother did not help us in any way.My mother's elder brother passed away and now his family like wife and kids and other brother's of my mother are saying that my elder uncle wrote in a book that he gave more than 30 lakhs to my mother and 2 sisters of my mother till now... and they are not showing us details like what kind of help he did or when and how he gave us that money ..when we asked them our share in ancestral property my other 2 uncles are saying that my mother and my mother 's other 2 sisters are not born to our grandparents..they almost sold off everything..i heard that even now the  property share of X is in my mother 's grand father and father's name .Y share had got the title in their name.

1.how to get a legal heir  certificate as my mother does not have any document from her mother's side. 2. Only in her passport it shows she is the daughter of my grandparents.

3. Mandal revenue officer asked me to get succssion certificate.

4.Mandal revenue officer did not give me pahani of property .( only when we can prove that all remaining 3 daughters are legal heirs then they will give ).

5.we do not have any document from our mother's side  except the sy  no and door no of property .

6.It is a huge property and my mother and her 3 sisters are not financially strong to pay percentage of court fee.

7.They even took away the property that my grand mother got from her government job.

8.my mother's younger sister is not keeping well and if anything happens to her , how can we get right to fight a court case on her behalf .

please advice on each question as i am not in position to pay lawyer fee too .

 
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Advocate

@Sanket: Firstly your have told that it was ancestral property, subsequently you have mentioned that it was the property of your wife's grandfather.  If the property belonged to the said grandfather, it will not be ancestral property thereby, neither your wife nor her brother can have any right to claim any share in the said property.  Let them be happy that they were taken care at the time when their father died and their mother abandoned them.  If the grandfather or uncle allot some property or money to them out of love and affection, ask them to  accept  that without a whisper and be contended with it.

 
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Advocate

@ anand: You should actually open your query in a separate thread and should not post it in somebody's thread;

Now to your query:  Though the property is ancestral since your mother was married before the amendment to HSA came into force, she is not entitled to a share in the ancestral properties.  There is no use of obtaining legal heirship certificate also because the law is very clear.  Consult a local lawyer and take his further advise in the issue.

 
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