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somashekara.s (Engnieer)     20 March 2013

Ancisisteral property

hello all,

this is somu from Mysore, karnataka.

I have some doubts to clarify about my civil case of Ancisisteral properties.

MY father has got all the properties of his father through a registered Will dated on 23/1/1991. My grandfather passed in the mid of the year 1994  & before his death only we got the hold of our grand fathers property by my father. But my father has passed away in 23/01/2011 & still we are in the possestion of our grandfathers property. our grand fathers property is some part is self acquired & some part is ancisisteral. My father has three sisters , now they have filed a civil suit against us claiming the partition. All the sisters have crossed the age of 50.

so my question is that , they have the equal rights to share the property or not.

 

can anybody tell us about this as early as possible.



 5 Replies

Srinivas (Director)     20 March 2013

Were your fathers sister enjoying the property at any time?

Were they aware of the WILL? 

Prior to now when did your fathers sisters claim rights to the property?

I would meet a good lawyer since the case has to be presented carefully 

for you to establish rights thru adverse possession. The key question that should be raised is why sisters did not seek partition since 1994?

1 Like

Advocate Sastry (Advocate)     20 March 2013

When your grandfather has executed a REGISTERED WILL in f/o your father, I feel that sisters of your father have been excluded.. Since the properties have been transferred by will sisters of your father  cannot claim any share now.. However, please consult a good lawyer in Mysore.

1 Like

somashekara.s (Engnieer)     20 March 2013

1) No till the date they were not enjoying it.

2) They know that the property has been willed.

3) they have filed the case now in Nov 2011.

 

I got the will document copy which from the sub registered  office & also i have the Xerox copy of the original will . But i dont have the original will document with me. It is with my anohter grandfather.

Srinivas (Director)     23 March 2013

You have a very good case. You do need to meet a competent lawyer. If this is not carefully prepared the suit can go either way. Main pleadings should be around the WILL. Since this is registered this also acts in your favor. In addition you should also plead extinguishment of any rights of your fathers sister since you were in absolute possession.  Try to find any letters or documents that show your fathers sister having acknoledged your father as rightful owner. Good luck.

Rajendra Shrivastava (advocate)     24 March 2013

accordingto section 6of hindu succession act 1956 doughtershave equal share as sons have.


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