Upgrad LLM

daughter share in father property


Sir/madam

My mother got married in 1979 and she have 2 younger sisters (both are married 1 sister married in 1990 and another sister married in 2004) and 1 younger brother (got married in 2004). My Grandfather has ancestral property around 16 acares agriculture land. After my mother marriage due to his financial problem he sold the ancestral land around 14 acares in 1985 and after some years he sold another 2 acares without consent of my mother ( my grand father elder daughter ) in the year 1988.

My grandfather and my grandmother has not showing any love, affection to my mother because we are very poor. They are showing care about their another 2 younger daughters(they are good in finance  condition). Whenever my mother visits her hometown her parents treat her like she had adopted.. In this view, my mother feels very unhappy, because of this she will become a patient of BP. Now, my mother decided to teach her lesson. 

Please guide me .... 

1. Whether my grandfather can sell the ancestral property (16acares of land after my mother marriage without her consent)?

2. My grandfather is alive, he has son, grand son and my mother got married on 1979 whether she can ask for remaining ancestral property balance 2 acares out of 16 acares parttition (1/4 or 1/5) ?

3. If my mother is eligible for partition agriculture land please advise to whom to contact and how to proceed ? please advise and reply  

Mobile - 8762528999

 
Reply   
 
Practicing Advocate

Your mother is not entitled to partition. For the reason that she was married in 1979 and the property was sold out in 1985 and 1988 for necessity. You will waste your time and money unnecessarily in litigations without getting anything.

 
Reply   
 



sir/madam

am krishna i wanna knw the law for the share of property in fr my mom.... in her fathers propertys....

my mom is a vidow and we are suffering in a very bad situation and am so depressed abt my cryin everyday.....

my grandfather has so many property abd he is a big he is a big shot too..... wat can we do fr gettin some share fr my mom and fr our bad situation .... plz kindly give some tips and ideas .......??


 
Reply   
 

Dear madam 

Thanks for your kind advise

thanking you 

 
Reply   
 
Advocate/Attorney

As per your contention, lastly Ac 2 was sold in the year 1988, if you had any grievance, you should have filed the parittion within 3 years i.e. in 1991.  As you have filed any partition suit, you lost your right in the property.  As Archana had said there are bleak chances to win.  

 

There is also another clause that as partition right is based on co-ownership, it has no limitation, but anyway you have to go for cancellation of the sale deed of 1988.  You have to show the reason for delay of all these years to the court.  

 
Reply   
 

Dear Sir / Madam

Kind Attn: Adv Shri Ravinder P and Adv Ms Archana

Whether my mother can claim the partition about balance 2 acares ancestral Agricultre land which is still in the name of my Grandfather....? ( Out of 16 acares my grandfather sold 12 acares in 1985 and 2 acares in 1989 still he has balance of 2 acares of land plz ignore the earlier message as 14 acares and 2 acares)

Thanking you please reply...

 
Reply   
 
Practicing Advocate

Your mother can claim her share.

 
Reply   
 

Dear Madam

Thanks for your kind advise... 

Please confirm what are all the documents required for file the case in court. 

what are the prilimanary steps i should take before filing the case...?

this 2 acare agriculture land cost around 400000/- how much i should pay the court fee as well as lawyer fee minimum. ? out of this 2 acare i thought my mother will get the 1/5 partion ...so costwise this case is affordable please guide 

 

Thanks & Regards

please reply madam

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

CrPC MASTERCLASS!     |    x