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Magudeeswaran (Software Engineer)     14 December 2011

Daughter's right in father's ancestral property

Dear All,

I am maghes. my grandfather is selling his land now, he has two daughters and one son. all are married, my mother is a first daughter of him and got married on 1975.

my grandfather and his son went on a partition deed (from court proceedings), hence my grandfather change his allocated portion of property title to his wife (my grandmother) and now selling that property.

Will my mother get a share or not? my mother is a only daughter for my grand father's first wife. she died long ago. 

Now the property is in my grandfather's second wife name.

Please suggest me, it is very urgent call. 



Learning

 14 Replies

kvss.prabhakar rao (Advocate )     14 December 2011

Dear Magesh yur querry seems that yur grand father and his son got partitioner their property in court proceedings . So ti si affected partition in between them. Your mother should add party in that proceedings for better rusult. Now partition effected and acted up on them. When partition effected  the nature of property will be changed it will attain character of self acquired property. He can do at his wishes. So your mother is ouster and she cnonot get share. However consult advocate with documents for bettter appreciation 

1 Like

Magudeeswaran (Software Engineer)     14 December 2011

Dear Sir,

Thank you so much. Still i have small hope that is, Is there any possiblity to re appeal the court proceeding for  partitioning in higher court  now (like high court)? 

Vakeel Civil Court (Director)     14 December 2011

The date of partition decree is important. If partition is before december 2004, your mother has no right in the property as your grandfather has already transfered it to his 2nd wife.

1 Like

kvss.prabhakar rao (Advocate )     15 December 2011

Dear Maghesh first you must tell where is you state. Because central Government enacted Hinu Succession givin equal right to daugher in the year 2005 oly. But prior to that the state of Andhra Pradesh enacted SEc 29-A of Hindu suceession ACt giving right daughters in coparcenry property in the year of 1986. Later The state of Tamilnadu and , Karnakata, Gujarath followed. 

soundayan (AWM)     15 December 2011

dear sirs,

i am sahana.   my father & his brother patitioned ancestral property  in kerala / tamilnadu in1968.     in 1972 my father brought the tamil nadu property  from his brother.      my father, mother  and my only brother also expired.  my brother sold  a portion  of the  kerala  property  in 1998  with out  my  knowledge .      property is in my father's  name only.      my sister in law is enjoying the property and refusing to give my share.    if  i file  a case ,what is  my position  &  how long it will take .  kindly advice 

thanks 

k sahana

kvss.prabhakar rao (Advocate )     15 December 2011

Dear Sahana  After reading your querry the property situated in Kerala sold away in 1998 but why keep mum over decade. Then when you got knowledge about alianatiion of property  vested in your father name. You must file the suit for declaration of sale is void wiht three years from the date of knowledge. You can file same Tamilnadu itself for partition of  properties which are vsted in your deceasd father name. First ascertain whether there is any will executed by your deceased father. You can diffenetly win the  case donnot waste time consult advocate/ Vakil/ otherwise you will be  houster of  share in property .

Magudeeswaran (Software Engineer)     15 December 2011

Dear Sir,

 

I am belongs to Tamil nadu. Erode district.

 

Regards

Magudees

Magudeeswaran (Software Engineer)     15 December 2011

Dear Sir,

 

The partition happened on the year 1998. But the property transfer to second wife was happened just four months ago.
 

soundayan (AWM)     16 December 2011

dear sir,

thanks for your valuable advice- one more thing is --my  only  brother  during   april 2011  filed a case for  direct   legal heirship for  my  fathers property  with out my knowledge .   but he died  during  june 2011 and     i came to know  after his death  and filed a pettion in the court.     now my sister in law  want  to withdraw the case stating that she want   to  file a different siut.   hiding  fact  and applying  for legal heirship-   how can  i proceed in the case.kindly  advice.

thanks

kamatchi sahana

Magudeeswaran (Software Engineer)     25 December 2011

Dear Sir, 

That partition decree happened on 1997 9th month. Now my grandmonther is selling her land. Will my mother get any amount from that sale?

 

Kindly suggest me the possibilities.

A.VIVEK ADVOCATE (ADVOCATE)     24 January 2012

sir i agree with my learned friend mr. prabhakar rao kindly get a personal discussion  with your advocate he will take care .

sanjay agarwal (grand daughter)     06 July 2012

Author : sanjay agarwal Posted about a month ago my grandfather have a property 4000sq m he had 4 sons after his death property was owned by his wife and after her death the property goes to hr 4 sons equally divided by mutual family settlement my father is 1 shareholder of this property and he had 3 children 2 sons 1 daughter after my parents death the 2 brothers divided the portion between themselves in 2008 and i got married in 1993 6 months ago i came to know that they are selling off there property after this i claimed 4 my share in jan 2012 in kanpur court ....instead of filling case against 1 of my brother he sold some part of his property in march 2012 is it possible that i am filling a case againt them but instead of this he can sell some part?????????? what should i do know??????????? please reply me soon.

sanjay agarwal (grand daughter)     06 July 2012

Author : sanjay agarwal Posted about a month ago my grandfather have a property 4000sq m he had 4 sons after his death property was owned by his wife and after her death the property goes to hr 4 sons equally divided by mutual family settlement my father is 1 shareholder of this property and he had 3 children 2 sons 1 daughter after my parents death the 2 brothers divided the portion between themselves in 2008 and i got married in 1993 6 months ago i came to know that they are selling off there property after this i claimed 4 my share in jan 2012 in kanpur court ....instead of filling case against 1 of my brother he sold some part of his property in march 2012 is it possible that i am filling a case againt them but instead of this he can sell some part?????????? what should i do know??????????? please reply me soon.

soundayan (AWM)     27 November 2012

sir, as per Ur guidance,  i filed a partition suit in kerala. but before my partition suit ,my sister in  law filed  a suit and got stay  in kerala as if i tried to cut trees /cardamom plants(prima facie).after my partition suit ,the court has given conclusions as co-partner.now my-sister in law given a power of attorney to all my father"s property to a third person who is a gunta in that  area, and preventing  us from entering into my father"s property.when we try to enter he prevented  me from entering into my father"s property he threatened me for life, hence i filed a criminal suit in kerala against him.since he spending  money  the police is keeping mum. He says get some amount  and leave the property.under this circumstances can i proceed the case-please give Ur suggestion.

thanks , kamatchi sahana


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