Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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jas (auditor)     17 May 2012

Inheritance

hello sir/maam,

please bear with me as the case is complicated.

I am from punjab and I am an NRI.My parents lived separately for 14 years then got back together and have now lived together for 12 years.

My mother is a doctor and owns many properties on her name.My father has ancestral property.

My father has me and my brother from first marriage and two kids from second marriage but he never got his first marriage annulled.

My mother and father favour my brother they opened up a small scale factory for him and the unit failed and since my mother had taken loan on her property for the factory so she had to pay off the loan.My mother got my father to gift her 1000sq. yd out of the total ancestral property as she said it was his fault that the factory failed

My father,my brother and my mother were trying to sell the ancestral land but they were giving my mother less share in it. So she called me up and threatened my father and brother that she'll take my share and invest in her name. I went to court for partition of ancestral property and I have won in session court and lower court and the lawsuit is pending in lower court now and i refused to give her my share.

I only came to know they were selling the ancestral land since there was dispute amongst my parents.Now she threatens to go to court and she claims she'll get 50% share out of my father's share.She told me she'll stall the sale of the property and i need the money cause my parents dont help me at all and i still have to make my house and start my family.kindly help me.

My only concern is:

1.How much share she can get out of father's share in ancestral property?

2.what does the law say about wife's share in husbands property?

3.my father had gifted 1000 sq yard of ancestral land on her name which was anulled when i went to court

she claims she can get that gifted land too.can she ?

thanking you

singh

 



Learning

 7 Replies

Nitish Banka (lawyer)     17 May 2012

1. As property is ancestral your mother will not get anything while father is alive.Only daughter can claim partition(your sister if any)

2.Wife will get only when she is widow.So same as above.

3.No the ancestral land gifted is not valid as it is not done for pious reasons.

jas (auditor)     18 May 2012

thank you mr nitish.

thankyou for your advice.it helps  me to make certain decisions now.

jas (auditor)     26 May 2012

dear sir/ madam,

                           In the above mentioned lawsuit the judge said the property in question was ancestral and gave lis pendens in the lower court and then temporary injunction.In the session court the judge upheld the lower court decision that the property is ancestral but removed temporary injunction.kindly let me know

1.what is the time period for appealing to punjab high court?

2.can anybody let me if there is certain time period before the certified verdict comes out of court and how many days it takes to get the certified copy out of court?


(Guest)

Dear Querist,

 

The wife has no rights in the share of the husband in the ancestral property. She takes her share only in the event of the death of her husband.

 

As regards the limitation period for filing a second appeal to the Punjab and Haryana High Court, the same is 90 days from the date of decree. The time taken to obtain a certified copy of the decree would be excluded. There is no period as such for getting a certified copy. However, the same shall not take more than a week to 10 days.

 

Regards,

Ashish Davessar

Advocate

Amritsar, Chandigarh

jas (auditor)     30 May 2012

thank you for timely advice mr davessar.

jas (auditor)     06 June 2012

I have to appeal to high court for temporary injunction on my share of ancestral land as a coparcner.I got my verdict out on  the 30th of may.I changed my lawyer in sessions court and he has all the original file which he does not want to part with.I asked my new lawyer to get the file out of the court he's delaying it since a week.Can anybody please let me know which person or department can i go to get my file out.

thanking you

singh

jas (auditor)     14 June 2012

Dear sir/madam,

                           I have a question regarding the pedigree table( Kursinama).My lawyer wants me to get the pedigree table to  show that the land i'm fighting for is ancestral.I have given the jamabandi.but the patwari says that no pedigree table is available for only for agricultural land but no pedigree table exists for commercial land. Is it true ?


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