Civil Procedure Code (CPC)

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Srinivasa Raju   18 August 2016

Property rights of grand daughter

Dear Sir,

My name is Srinivas and I am from Amalapuram, Andhra Pradesh.  I have one younger sister who is got married in 1995.  My brother-in-laws has 5 Elder sisters who are already got married at the time of my sister's marriage.  At the time of marriage my sister's Father in Law had 5 acres land (self acquired) and Mother in Law had 4 acres land (3 acres are acquired by her husbend and 1 acre of land she got from her father at the time marriage). Father-in-law also had a plot and site 10 cents which they kept for constructing a house.

In the month of January-1996, Father-in-Law expired due to heart attack and we did not have any clue whether he wrote any will to share the above property.

In July-1996, my sister given birth of a son and he got a health problem at the age of 3 years.  In June-1999, my sister given birth of a daughter and who is 17 years old as of today.

Due to some family issues are arised (deseased son) and my sister and brother-in-law got seperated (not divorced) and my sister came back with diseased son and daugther in 2000.

In 2005, My brother-in-law along with his mother and 5 elder sisters sold the above said property without concent of my sister and the children (minors) for Rs. 40,00,000/- and shared among them (we do not know how the sharing is happend among them).

We tried to contact several times to get some share to meet the son's medical expenditure and daughter's education and they denied.

In 2011, Mother-in-law and Brother-in-law join together constructed a house (we are unable to get the information who spend the money to construct the house and by whom name the property has been registered) in the plot which i mentioned above and they are lived till 2012 (during the year 2014 my brother in law expired and after 8 months his mother also expired).

Sister's son has been expired in 2015 at the age of 19 due to illness and my sister had only one daugher who is 17 years old.

After enquiring about the house, we came to know that due to death of mother-in-law and brother-in-law all other 5 elder married daughters are trying to sell the property and they want to share among them without providing any share to my sister and her daughter.

I have spent almost 20 laksh for medical treatment to her son and education expenses from past 10 years.

At present, both my sister and her daugter did not have any income, property and we are facing lot of problem to run the family including my family.

At present situation, we cannot even afford for the lawyer fee to take an action.

Please provide your valuable suggestions and way to proceed to get atleast light in their lives.

 

 

 

 



 3 Replies

Kumar Doab (FIN)     18 August 2016

You may visit Dist. Legal Aid Authority that usually has office in Court Complex for legal support.

The wife and children can claim maintainace from husband/father.

The children can claim  share in ancestral property of father.

Srinivasa Raju   18 August 2016

Dear Kumar,

Thank you for your reply.  However, my brother-in-law and his parents are expired and I want to know how to proceed to get some share from his sisters (who are shared the property of my brother-in-laws parents)

Kumar Doab (FIN)     18 August 2016

If you are Hindu, the ClassI legal heirs of Hindu male i.e; Mother, wife, sons, daughters, shall share the estate equally.

File for partition,injunction to sell, share from mense profits etc.

Rest an able counsel specializing in family/civil matters that has examined all docs on record can advise you th best.

 

The legal hiers can apply to obtain mutation record and all link documents from concernd authority e.g; patwaari.

 


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