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shivani verma   07 September 2018

property

hello sir/mam this is about my grandfather property ..we are only 2 sisters of my dad...my grandfather was passed away in 2015....I am unmarried and my father have nothing for my marriage expcet dis land....but my grandmother claiming on that land for their daughter...my grandmother also have pension on 12000 monthly but my father have nothing except a small shop....my mom was also passed away dis year...plz give me solution for my future


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 10 Replies

R.Ramachandran (Advocate)     07 September 2018

Apart from your grandmother, whether your father has any brother(s) or sister(s)?

shivani verma   07 September 2018

Yeah....4sister...But no brother...

Kumar Doab (FIN)     07 September 2018

Which personal law applies in your case?

Are you all Hindu?

As per query posted by you apparently IT is your paternal grandfather.

 Was your paternal grandfather title holder/owner of the said property?

How did the property devolve upon your paternal grandfather or the property is self earned/acquired or ancestral in the hands of your paternal grandfather?

The said property is agricultural land, rural, Urban, or it is a building?

Have the deceased i.e. your grandfather left any valid WILL?

Were mother and wife of your paternal grandfather alive as on date of his death?

The property is in which state?

Confirm!

Kumar Doab (FIN)     07 September 2018

 

Succession opens on date of death ; by inheritance or by testamentary succession ( by valid WILL).

In case of Hindu male dying without disposing her estate/property in her life time by a valid/registered deed the 1st right is of ClassI legal heirs i.e Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters……

 

In case of deceased Hindu woman dying without disposing her estate/property in her life time by a valid/registered deed ClassI,II is not applicable rather nature and source of property matters.

 

If the property is self acquired/earned/absolute in the hands of Hindu woman the 1st right is of her husband (if alive as on date of death) and sons, daughters…………

If property is acquired from husband side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of husband..

If property is acquired from parents side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of father..

 

Thus if you are all Hindu and mother of your Grandfather was not alive then his (self earned/acquired) estate/property devolves equally upon his wife, and all sons and daughters..that includes your father.

 

Your grandmother can dipsoe her share in anyone’s favor by a valid/registered deed say her daughter or even you.

Likwise your father can dipsoe his share in anyone’s favor by a valid/registered deed.

Father is liable to marry his daughter within his means and resources.

Kumar Doab (FIN)     07 September 2018

 

Instead of initiating any litigation, altercation, dispute, arguments etc why don’t you try to have amicable settlement of the issue…

And your grandmother and other relatives may gift you now or later upon your marriage..by her sweet will.

Rest is upto you.

 

Ajay sharma   07 September 2018

AJAY SHARMA, ADVOCATE AT HIGH COURT AT J&K,

WE HAVE TO FILE AN LEGAL NOTICE IN THIS MATTER, I WOULD DRAFT IT YOU CAN CALL ME ON 09906298380......

R.Ramachandran (Advocate)     08 September 2018

Dear Shivani Verma,

While I understand your fiancial position, but you will not be able to ignore the following legal position,

Upon the death of your grand father, the property left behind by him will have to be equally shared by all his legal heirs.  Your grandfather's legal heirs are: Your grandmother, your 4 Aunts and your father.

Therefore, you cannot expect the entire property to be given to your father alone.  Your father will get only 1/6th of the proprty.

shivani verma   08 September 2018

I can claim on that or not??

Noreen   10 September 2018

my land 7/12 extract a computeize copy of it, taken from the talathi does not show details of my name in the (etar hakka) kulkhand column, when it really exit s in the original 7/12 extract book.What is to be done so that it will be shown on the 7/12 extract online..... please guide

R.Ramachandran (Advocate)     11 September 2018

@Shivani:  When your father is alive, you will not be able to claim any share in the property.  It is only your father, who can claim his share in the property.


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