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Shubha bangalore (consultant )     06 March 2016

Daughter share in ancestral property

Hello Sir/Madam,

We are family of 5 members, my father, mother, son and two daughters. myself and my sister got married and brother is unmarried. 

My grandfather had made a will in 1990 among three of his sons; he has mention that the property has been equally shared among three sons, such that there should not be any misunderstandings among his sons after his death. He died in 1998 then onwards my father (one among three of the sons) enjoyed the property without taking care of family responsibility. My family consists of my mother, one brother (unmarried) and one sister (married in 2006 & myself got married in 2014). My father had addicted to some bad habits was not involved in family responsibilty & without our notice he sold some of the immovable property.  Due to this, I had applied a partition suit in the court in April-2012, while the case was in process at the court, at the same time my father sold some of the property without our notice i.e. on sep-2012.  On October-2012 the district court gave the judgment saying the ¼ of the property to be shared for me.

Now, my question is 1) will I get shared from the property which my father has sold or will the registration deed will be cancelled with the person to whom my father has sold. 2) How long this process takes. 3) How to stop my father through court to sell any of my ancestral property.

  

 



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 2 Replies

G.L.N. Prasad (Retired employee.)     06 March 2016

1. If you have objected to such sale of property immediately after your minority you have to file declaration suit for setting aside that transaction .There is limitation period for filing such declaration suit..

2)You have to file declaration suit, and one can not predict the outcome, and it may take more than 3 years depending on strength of the case.

3.Contact an advocate, issue public notice through advertisement and issue a notice to him and get orders from the court, if your advocate feels that it is necessary.

4.You can seek for your 1/4 share as per judgment  by asking Court to appoint advocate commissioner for sharing the property with metes and bound and  can protect your share.

 

When you have already got judgment for 1/4 share always depend on advice of your advocate.

Shubha bangalore (consultant )     07 March 2016

Thank u Sir... 

The other thing is the person who has purchased the property from my father is highly influenced & rich in our area, he is stating that the property is self acquired property as my father got through will from my grand father. hence please let me know different kinds of will within family


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