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Beast (XYZ)     10 July 2013

Ancestral rights

Hi Lawyers,

 

I am a christian and I understand that the christian law is different to hindu law.

 

We have a peice of land in Karnataka. The land was originally registered in my grandmothers name as per the land registry act and occupancy certificate records. On her death and as per her will the land was to be transferred to my father and his brother. There was a case wherein other members of the family wanted the peice of land but there was a compromise deed and other family members relinquished all their rights and as per the decree passed by the court my father became an absolute owner of the property.

 

I (youngest son) was always given an impression that this land will be equally divided amongst me and my sister and to which my mother would execute a will after after my fathers death. My father passed away a couple of years ago and now on enquiring I find that the registered will was cancelled using a deed of cancellation while my father was alive and registered with the sub registrar. All thses changes in the registration of the property happened when my father was ill. In lieu of the will, a settlement deed is executed in favour of my sister. The whole property is registered in my sisters name. 

 

I have the following questions.

Is this property ancestral. 

Do i have a right on this property being the son and how do I get my share.

Can I challange this settlement deed.

If I challange the settlement deed, what are my chances of winning the case.



Learning

 2 Replies

Adv Archana Deshmukh (Practicing Advocate)     10 July 2013

 

Is this property ancestral. 

NO


Do i have a right on this property being the son and how do I get my share.

If the settlement deed created by your father is legally valid then, you have no share in it.


Can I challange this settlement deed.

If you feel that it was prepared by force or fraud then go for it.


If I challange the settlement deed, what are my chances of winning the case.

It depends upon facts and evidence in the case and validity of documents.


Beast (XYZ)     10 July 2013

Thank You Adv Archana. If I have to file a case in the civil court, what would be the court charges. Does it depend on the value of the property. 

Also does my mother have a share in the property. 


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