Property share denial

An owner can transfer his property by gifting or selling it. A sale deed, or any document through which the ownership rights are transffered ,is a document that gives evidence of the individual's ownership of a property. Rights in property can be transferred only an execution and registration of a sale deed in favour of the buyer. In your case the documents are in your grand father name. so He is the owner. If he make a WILL , according to WILL , the property will be distributed after his dealth only. 

Dear,

See if whole of the property is self-acquired property of your grandfather then he could dispose of the same in any manner whatsoever, but if the same has been ancestral then it will be distributed according to the succession law. Since in your case the same been occupied with the money being contributed in the common poll by everyone, the same being not self acquired and everyone would have a right over the same.

Advocate Kapil Chandna

9911218741

sir,

 I had one query.A lady receive ancester property share from his father. She had two daughters.She had one brother.

Her daughter got married in the year of 2011 december.Without her daughter signature the lady excute release

deed to her brother in the year 2011 march. As per Hindu succession act 2005 whether the legal heir(Daughter of the lady)is elgible to claim

1/3 of the property through partition suit  or not. Please clarify.

Regards,

K.Ashokkumar.

No she (daughter) cannot claim any share in it , it is mothers property she has all the right to settle the property to who ever she wants.

Dear sir,

        Thanks for the fruitful replies send for my query.With respect to my grandfather(mother's father)

properties i had some queries.My grandfather had five daughters(legal heirs).He died in the year 2003.

He owned ancesteral  properties and from the income he had acquired some self acquired properties.

All the daughters got married before 1987.After his demise one of the distance relative (his brother's

grand son) file a civil suit claiming all the properties by means of unregistered fabricated will executed 

by my grandfather.Please clarify whether my grandfather had rights to excute entire properties by means

of WILL.  Also clarify as per PATTA PASSBOOK ACT whether it is possible to change the properties patta

name before civil proceedings concluded.

Regards,

K.Ashokkumar

Sir,With respect to patta name transfer i had some queries.One civil suit is pending in my

grandfather ancesteral properties with effect from 2003 onwards. During the period some

of the properties patta name is transferred  from my grandfather name to some other person

name.We had filed patta appeal to Subcollector office.The subcollector enquired and passed

order stating that the patta name will be transferred after completion of the civil suit.We had

explained the subcollector about the possibilities of encomference caused by patta holders

if the patta transfer is not cancelled by subcollector. Be the subcollector not replied properly.

Please clarify whether the "TAMILNADU PATTABOOK ACT" permit the patta name transfer while

civil suit is pending in court. Also with respect to Subcollector order whether it is possible

to file WRIT PETITION  in HIGH COURT to cancel the patta name transfer.

Regards,

K.Ashokkumar.