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Gurumallesh (Transcriptionist)     19 April 2013

Please need help on mother's side ancestral property

Respected Sir/Madam:

My mother's side ancestral property (they are 3 sons and 2 daughters out of them 1 son and 1 daughter are deceased) do we have rights in it (we are 2 sons and 1 daughter for our Mother). Do we have the rights to claim for the property. My mother has signed past one year back after mutual understanding with their brothers that they will give one acre of agricultural land but before this our mother's mother had written a WILL of her house that her sons will cheat my mother, so she has written a WILL of that particular house (she has died over the last one year) which is falling due to lack of repair by them and it has come to our position as per WILL but the agricultural land and some other properties are not but my mother who loves their brothers have come to conclusion that if she get one acre of land she will sign for them (it was mutual understanding with them and with other relatives who present at the time of discussion).  After that, my mother went and signed after much oblige by her brothers that she has no rights in the property (only the house has been mentioned in the letter and 3 lacks of rupees has been given, which has not been given 3 lacks of rupees) but they have mentioned only one house which our grandmother has given to our mother through WILL (after only they have told that they will give one acre of land by words she has signed it for them in Taluk Register Office) and now they have not giving the one acre of land which they have said after signining it. What we have to do in this regard. It has been one year she has signed the letter in the Taluk Register Office.  Please help us in this regard.  My mother is worrying a lot as she has done unfair to us and she is too old to fight in court she is 60+.  Please it is a request please help us.



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 2 Replies

Rajendra K Goyal (Advocate)     19 April 2013

Please ensure that the house under the will of yours mother's mother has been mutated in the name of your mother as per will. If not the process on the basis of will to be got completed.

Secondly in the ancestral property of your mother side will also go the the heirs of deceased brother and sister of your mother.

Thirdly with out going into the details or language of the document signed by your mother in the Taluka Registrar Office it is difficult to give any opinion and guide about the grounds whether any irragularity existed or not. Whether it can be challanged in the court successfully and if so on what grounds.

However, in the family discussion you have mentioned that the matter of one acre of Agr. Land and 3 lacs Rs. was agreed to be paid to your mother. This agreement though verbal was reached before relatives. If the relatives are ready to give their witness in the court, you have some chances of success. You should engage the services of some good local lawyer.

Gurumallesh (Transcriptionist)     19 April 2013

Sir, Thanks very much for your suggestion, I respect.


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