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Anonymous   29 August 2017

Regarding ancestral property

hello...I am from Morena (M.P) ...I am having an ancestral property and my family consists of my mother , sister (unmarried) and me....and my father (deceased) has 3 sisters (all married) and my grandfather expired in 2001..so I want to ask if my father's sister got any right in the property and in case if I sell the property will there be a need of their signature while transferring the property...thank you in advance



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 15 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     29 August 2017

You cannot sell the property unless the portion of the property decided to you. 

Anonymous   29 August 2017

Nomination of the property is in the name of my mother me and my sister.

Azhagananth (Lawyer)     30 August 2017

Disclose the full facts - Date of death of Father and Grand father, date of marriage of your father sisters, Nomination means ?

 

if the property was ancestral and if grandfather died first [intestate] - then automatically such property goes to your father and his sisters and after the death of your father, you three(yoursel, mother and your sisters) were entitled to yours father share alone.

Krishna. Advocate (Advocate)     30 August 2017

Your Query is not clear.

Is Your property comes under ancestral Property.

The property should be four generation old and it should be undivided.

Advocate Krishna.

9447963440

 

Anonymous   30 August 2017

Azhaganath sir my grandfather died in March 2001 and my father died in April 2015 my father's younger sister was married in 1993 and by nomination I meant that in municipal corporation it is now on the name of my mother sister and me

Krishna. Advocate (Advocate)     30 August 2017

Nomination only provides for the transfer of the property in the records but it doesn't make nominees a full fledged owners of the property.The legal heirs are beneficial owner of the property. Still your query is not clear Who acquired the property? your great grand father or grand father or your father? How it pass down ? If your father inherited the said property from his father then it is self acquired property.If you father died intestate (died in April 2015 With out writing a WILL) then you ,your mother and your sister are the legal heirs and has equal share*1/3) in the property.

It is persumed that the said property is self acquired property, So your father sister has no share in the said property.You  can transfer the property without her signature.

Advocate Krishna 9447963440

P. Venu (Advocate)     30 August 2017

You have not disclosed the material facts. How is that the property is stated to be ancestral? How you are claiming title to the property?

Anonymous   30 August 2017

property belongs to the father of my great grandpa and during partition my grandfather got his share in the form of property and grandfather died without writing a will

Anonymous   30 August 2017

property is more than 100 years old so I just want to know if my father's sister has got any right in the property and in the recent past supreme Court also amended the Hindu succession act acc. to which if the father died before 9 Sept 2005 then married daughter cannot claim any share is this amendment relevant in my case??

P. Venu (Advocate)     30 August 2017

The property is not ancestral; it belonged to your grandfather. It is presently vested with all his legal heirs. That includes all the fahter's sisters and your siblings, if any and your mother.

Anonymous   30 August 2017

bt P.venu ji my grandfather got this property from his father as inheritance so how is the property not ancestral??

Krishna. Advocate (Advocate)     30 August 2017

Your grand father's Sons , daughters and Widow are the legal heirs. You, your  mother and your sister has no right on grand father property. Your father is legal heir of grand father property.Your Father Sister is also legal heir. Your father share will devolve on you, your mother and your sister. This is not ancestral Property. Advocate Krishna 9667963440



 

Azhagananth (Lawyer)     30 August 2017

after the death  of your grandfather [intestate] -  such property goes to your father and his sisters means 1/3 and after the death of your father, you three(yoursel, mother and your sisters) were entitled to yours father's share of 1/3 share alone.
 
if the property is undivided after the death of your grand father between your father and his sister, Sure your father's sister were also entitled to 1/3 share each and they right to file suit for partition.
 
the issue involved is whether the property is divided after the death of the Grand father are not?

 

Anonymous   30 August 2017

I am writing again the whole case with all the facts as I am not able to understand the replies of all the respected people here
The property I am referring to belongs to the father of my great grandfather and around 1974 during the family partition my grandfather got the property as his share and my grandfather has got 4 children (my father and his 3 sisters) now during 2001 my grandfather expired leaving behind my father and 3 sisters(all married till 1993) and grandmother....and again in 2015 both my father and grandmother passed away and so the only living person in my father's family is me my mother and sister and 3 sisters of my father are alive...we have recently filed for nomination of the property under municipal corporation and it's done...now I want to sell that property so I want to know that if my bua(father's sister) got any right in the property...will I need their consent or approval(in legal language) before selling or I along with my sister and mother are the sole beneficiary of the property...I hope I am clear now....kindly reply

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