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D.Dakshinamoorthy (Sr.Office Supdt.,)     05 January 2013

Ancestral property rights

 

Respected Sir,

 

     My grand father and grand mother had property including house at Tamil Nadu.

Their children One female and One male ( my father ).  After the death of my grand

father, my grand mother wrote a Will in the year 1930, it was registered at the Registrar

Office.  The 2/3rd  of property was to my father and 1/3rd  of property to my father’s

sister.  Later, my grand mother dead in the year 1948.  My father’s sister got marriage

in another village.  Then our family i.e. my father and my mother settled in Bangalore.

Then, in the year 1961, my father’s  sister sold the entire property including my father’s share and registered at the Office of the Registrar to our Relations. .  In the sale agreement,  as a witness of the sale, my father  signature was put – ( It was made that while father was in a position as a ‘ drunk “ condition.  He was carried with the Registrar’Office and put the signature. Legally,  the entire property was sold including my father’s signature as only ‘ Witness ‘. He was not a seller of his 2/3rd of the property.  The will is clearly stating that my father would not take any sale of his property  in  future and  he is the person to utilize the property not for sale to anybody.  I, only the person to utilize and sale as per the Will. Now, my father and my father’s sister are

not alive.  At present, the said property is under our  relative control.  The name of the pattas are in our relative names and they are paying land tax and house tax.  The mother deed of the property is in our grand mother’s name and  I having the registered Will. 

 

     My point is that in what way, I have to claim the said property.  Will it possible to

acquire the rights  as a Owner of the said property whether full property or 2/3rd of the

share of the property as per the Will.

 

     I request you to kindly provide me a guidance for the same.

 

 

                                                                                               ( D.DAKSHINA MURTHY).    

 



Learning

 3 Replies

Advocate Rohit (Advocate)     05 January 2013

you may approach court for the relief to claim 2/3rd shre of your father as per the will. Also, you need to bring out the facts of the will which prohibits your father from selling his share.

 

how come your father is just a witness fo the entire property transaction?????

 

check out whether your father had signed any documents in favour of his sister?????

 

Regards,

Advocate Rohit Dalmia

9324538481

D.Dakshinamoorthy (Sr.Office Supdt.,)     05 January 2013

Dear Sirs,

Thanks to receive your email message.  I have got a copy of Will as well as sale agreement from the Registrar's

Office.  Only he put as a witness and there is documents regarding that in favour of his sister. Shall I process the 

case for further action ?

 

With kind regards,

( D.Dakshina Moorthy ).

 

Advocate Vishnu (Advocate)     05 January 2013

Pl go for probate proceedings  with the copy of your WILL and you will succeed in getting your rightful share of 2/3 in the said property.Since 


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