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JOHNCHRISTOPHER (Divisional Manager)     22 September 2010

Ancestrol propertity share

Dear Sirs,

 I have a doubt regarding my ancestral property for which my mother has filed a case.

My mother is the only daughter for her parents and she has one elder brother and two younger brothers. Actually during my mothers wedding my garnd father has promised a equal share in the paddy field which he has bought on his earning. But both my grand parents are no more and they have not executed any will. My mother filed a case in the court in 2007 but the verdict was that she has not filed for all the properties.

My grand parents had a house in a prominent locality which was 8.5 cents. This was a ancestrol propertry. When my grand father passed away in 1978, he has not made any will or partions. My uncles have done a partion in 1979 and two of my Uncles have sold the property in 1984 without informing or taking the consent of my mother or my grandmother. Now its almost 26 years since the house is sold. If my mother files a case for a share in this property would she get a share. Is the sales deed done 1984 without my grand mother or my mothers signature valid.

Kindly help me with this.

 

Thanking you,

JOHN CHRISTOPHER.



Learning

 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     22 September 2010

File a suit for partition and seperate possession.

JOHNCHRISTOPHER (Divisional Manager)     22 September 2010

Rajeev Sir,

Thank you very much, but the sale deed done in 1984 will it be valid or the case would end up positive on our side.

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     25 September 2010

Dear John,

You may not get justice if u file a suit for partition,

It is very clear that your mom and grand mom have the knowledge of sale of the proeprty. now if u claim any partition you may not suceeded becoz judges will also see the integrity of the party whether is makign frivolous suit

basically there is bar on limitation for filing the suit.


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