Ananymous. (software engineer) 10 October 2012

Grand daughter's right on grand father's property

Hello All,

I am writing this message on behalf of my grand father, need an advice regarding a land dispute.

My grand father has a property which was inherited from his fore-fathers and he has 6 siblings (5 brothers and 1 sister). Recently around 1 year back my grand father and his brothers have divided the property among themselves and they didnt give a share to their sister. And again my grand father has divided his share of property whatever he got and given to his two son's and got it registered on their names.

Now my grand father's sister has filed a case saying that they didnt give share to her in their fore-father's property and they have divided the property without her knowledge.

Kindly clarify the below questions:

1. Is the case whatever my grand father's sister has filed is valid? Does she gets a share in their fore-father's property? My grand father was born before the independence and he has got his sister married during 1950's how was the law during 1950's? does she has a right on this property?

2. Now the property whatever my grand father got as his share, is re-registered on my uncle's name (my grand father's son). so in this case if court says to give a share to my grand father's sister does my uncle has to pay for her or give a share in the property whatever he got registered on his name?

Kindly provide your valuable suggestions.

Thanks in Advance.

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2 Replies

Anish Thakur 7018812737 (advocate) 10 October 2012

dear querist ,

your grandfathers sisters have equal right over the ancessostral property depending upon certain condition if your grandfather and brother inherited that property by will or gift , every partition done after 2005 i.e after the commencement of succession amendment act 2005 daughters have equal share in ancessostral properties.

2.every registration which had alraedy taken place ,even partition can be set aside by the ld court however your grandfather and his brothers can take defence of doctrin of reliquishment of right and time barred under limitation act ,consult expert family lawyer or feel free to call for detailed advise.