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Sathish Reddy   27 October 2020

Ancestral property

When i was 4 years old, my father expired and my fathers 2 brothers has divided the whole property into 4 parts where we got 1 share and my grand patents got 1 share and the other 2 brothers of my dad got each 1 share. When the property got distributed among us , they took a signature from my mother and thumb impression of mine saying no rights on my grand parents property. So now we wanted share in my grand parents property which is ancestral property. Is that a valid claim?



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 6 Replies

Dr J C Vashista (Advocate)     28 October 2020

It is not a partition but "family settlement", which has been accepted by all claimants, however, if you do not agree may file a suit for partition.

Contact, consult and engage a local prudent lawyer for proper appreciation of facts/ documents, professional advise and necessary proceeding,

P. Venu (Advocate)     28 October 2020

You can file a suit for partition. Depending upon the pleading in the written statement, ffurther course could be worked out.

G.L.N. Prasad (Retired employee.)     28 October 2020

First, get hold of those documents on which you /your mother has signed.  Get such mutation records from Revenue/Municipal authorities.  Depending on your age, your advocate may search for ways to save from the limitation period and even explore the possibility for cancellation of deeds on grounds of undue influence/Fraud depending on such facts.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     28 October 2020

Originally posted by : Sathish Reddy
When i was 4 years old, my father expired and my fathers 2 brothers has divided the whole property into 4 parts where we got 1 share and my grand patents got 1 share and the other 2 brothers of my dad got each 1 share. When the property got distributed among us , they took a signature from my mother and thumb impression of mine saying no rights on my grand parents property. So now we wanted share in my grand parents property which is ancestral property. Is that a valid claim?

 

1. IF the property was "ancestral property" and "IF" the property was "divided" and "accepted by Uncles, Mother & Grand Parents and recorded in the Revenue Records, THEN such property shall loose its status as "ancestral property".

2. By virtue of above, each individual owner of such divided property is entitled to Sell /Gift /Transfer WILL //Donate /Mortgage /whatever.... with his property without any legal restrictions or NOC or permission from ANY of the existing Legal Heirs.  This means that you can claim your share in Grandparents divided portion of property only after his demise provided they has not executed any WILL for their own share of the property.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Sathish Reddy   28 October 2020

this agreement has took place when i was 4 years. Is that a valid agreement, because i was minor.

G.L.N. Prasad (Retired employee.)     28 October 2020

1.Your present age, date of knowledge, are also important.


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