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Rudolf Rodrigues (Executive)     28 November 2011

Grandsons right in ancestral property

Dear learned lawyers,

I had a civil query! I am a Christian based in Karnataka. My great grandfather owned ancestral property which came to my grandfather who had 4 sons. Out of these four sons only two have taken hold of the property by giving declaration (during the time the rule came out that those that tilled the land the property will belong to them only). My father was entitled to a part of the property for which he made a release deed in favor of his elder brother. But this brother again returned this property to my father by virtue of a will. Unfortunately my dads brothers son cleverly made another will favoring him as a beneficiary on his deathbed which my dad came to know very very late by which time he had already transferred the property in his name. Now this uncle's children are enjoying the property. This occured 15 years ago. Now my question is:

Whether my father can challenge this last will made on the deathbed?

Whether it was right on my dad's and uncles part to partison the ancestral property amongst themselves which belonged to my forefathers?

Whether I as a grandson have any right in this ancestral property?

 

Your valuable answer will be highly appreciated!

 

Sincerely,

Rudolf



Learning

 4 Replies

I.S.Roy,Advocate (Advocate)     28 November 2011

Now it is time barred

Sudhir Kumar, Advocate (Advocate)     10 December 2011

prima-facie time barred. they have continous possession may be even prior to 15 years.  How and to whom you can convince that you father never knew about ancestral property. and that you also did not know of the fraudulent tasnfer.

balwinder s bains (Nil)     31 December 2011

Respected Learned Advocates,

Can you please advisse about the legal rights of my nephew (son of my sister) in the ancestral property of his grandfather & the immeddiate remedy to stop his grand father from disposing of or transfering the property in the name of her daughter or son in law.

Briefly the case is as below;

My sister and brother in law both had 2nd marriage in June 2007. My sister was widow her husband died ue to lever cyrosis discease and b in law was divorcee. Just after few days the in laws and her husband started maltreating beating her and forcing her to bring more dowry. She was forcibly shifted another place another town by shifting her luggage in her abscence by her husband with in about 3 months. The place where she was shifted at that time was completely isolated developemnt and the flat was at 5th floor without any elevator so she had to walk upo down even during her pregnecy. During this period she got pregnent. With in next few days her husband beat her again there and locked the door threw her away out side the house.

We had to approach authorities and the case was filed against the family. Now the case was moving on & during the period  in April 2008 she gave birth to his / her son.

Now few days back her husband died they never intimated us of the death. We came to know about it three days later and attended fulchugn a ceremony. But as  our relegious rites requires to lit pyree to her son was never given this opportunity. They tried to misbehave with us even there when we went to disperse last remains in the patalpuri Gurdwara Sahib.

Now the question is they are totally ignoring his son and we can under stand that they will never give his legal right from their property. They have few acres of ancestral agricultural property, urban propertyetc. At the same time he was working in the govt department.  My sis is also working in the govt department. Her son is now about 3 yrs 9 months.

Please advise what remedy and actions we can take to protect the legal rights of both my sister and her son.

Is it  possible to acquire his legal part in the property.

Sir, Your immediate advise will be very much appreciated. 

Thanks & best regards,

Balwinder Singh Bains

 

 

 

Sudhir Kumar, Advocate (Advocate)     31 December 2011

Forget emoptional issues of misbehaviour as the victim is no more. No use raking this issue. Please let me understand. is it the case the both mother and father of the child hve died and he is being denied shar eof ancestral property?


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