Kapil G (-) 08 July 2013

Ancestral property of mother

Hello,

My mother has 4 other sisters and one brother. After the death of my grandfather(25 years ago), all the property was taken over by my maternal uncle. At that time my mother did not have much knowledge about the properties. When I brought to her notice that the Indian Law allows the children to have equal rights in the ancestral properties, she confronted her brother and it was found that he had cheated and produced false documents that she had waived her rights over the properties. The property is agricultural land in old delhi (near Rohini) worth in crores. I am looking for a lawyer who would file a case against my maternal uncle and also find out the status of the property from the local Patwari. Her village name is Pooth Khurd near Bawana and I guess the jurisdiction would be in Rohini Court

Please reply to my email: drkapilgrewal@hotmail.com

Mobile: 09870440976

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4 Replies

jessica maria rodrigues (director) 08 July 2013

firstly you have to gather the information about the property/properties in question, from the registrar office of land records,it is a government office,and records of land should be given to you. once you have these records in hand,it is easier to trace the property and sue your uncle. your mother has equal rights as her sisters too. you may be compensated too in a dignified manner.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 08 July 2013

The Hindu Succession Act, 1956 is an Act to codify the law relating to intestate succession among Hindus. Intestate succession means succession to property left by a Hindu without any testamentary instrument like Will, Settlement etc. The Act brought about important changes in the law of succession but without affecting the special rights of the members of a coparcenary. Coparcenary consists of a male Hindu, his son, grand son (son’s son) and great grand son (son’s son’s son). Daughters were excluded from succession to coparcenary property. The law by excluding the daughter from participating in the coparcenary ownership not only contributed to her discrimination on the ground of gender but also led to oppression and negation of her fundamental right of equality guaranteed under Article 226 of the Constitution of India. Parliament felt that non inclusion of daughters in the coparcenary property was causing discrimination to them and accordingly decided to bring in necessary changes in the law. Accordingly Section-6 of the Hindu Succession Act, 1956 was substituted by a new provision vide the Hindu Succession (Amendment) Act, 2005 as follows:

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 08 July 2013

The right accrued to a daughter in the ancestral property, by virtue of the Amendment Act, 2005 is absolute, except in the circumstances provided in the amended Section-6.

Kapil G (-) 10 July 2013

Thank you all for your guidance. I have one more thing to ask, is there any advocate's office which would assist us in carrying out the title /land record search from the sub-registrar office in alipur, delhi? We live in mumbai and it would be convenient for us to make use of services for a fee in this matter.

Regards,

Kapil

09870440976