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Sanjeev (Owner)     08 July 2014

Right of daughter in case of sale of property by father

Dear Experts

One Mr Tukaram Thakur purchased a property

He dies and his only son Mr Narayan Thakur inherits the property

Mr Naryan Thakur sells the property to me by registered deed and takes entire money by cheque. The money is used to construct a property which fetches rental income on another piece of family land.

He dies in 18 months.

Subsequently his daughter has filed a case saying that father cannot sell ancestral property without her consent. The court has granted a stay on making changes to the property or selling it.

My question is :

1. Is this ancestral property?

2. Is the court justified in granting a stay?

3. What are my remidies?



Learning

 8 Replies

vanitha.U.M (ADVOCATE)     08 July 2014

If the property by thakur fathers or he got by his father means she can...

vanitha.U.M (ADVOCATE)     08 July 2014

If the property by thakur fathers or he got by his father means she can...

T. Kalaiselvan, Advocate (Advocate)     08 July 2014

You have stated that Narayan Thakur has already sold the property to you, then where is the property on which his daughter obtained an injunction?  Now, it is Narayan thakur's father's self acquired property, hence it is not an ancestral property to Narayan Thakur's daughter.  The stay s interim, you challenge the same and get it vacated and after that contest the case.  The suit filed by her will not sustain.

Biswanath Roy (Advocate)     11 July 2014

iF THE MATTER IS PENDING BEFORE THE COURT THE MATTER OF RIGHT TO PROPERTY IS A SUB JUDICED ONE WHICH CANNOT BE INTERFERED WITH THAT CAN INFLUENCE THE ADJUDICATION.. HENCE, NO COMMENT TO AVOID CONTEMPT OF COURT. 

Gupta (nil)     14 July 2014

 

 

   

Biswanath Roy (Advocate)     14 July 2014

WHAT IS THE CONTENTS IN THE STAY ORDER OF THE COURT? DISCLOSE THE ENTIRE ORDER FOR PROPER OPINION.

siddesh tandur (no)     30 July 2014

dear sir 

 

in the below attached family tree i am the son of shakuntala. and gundappa is our grand father. here the problem is my grand mother Umadevi  separated from gundappa due to his second marriage. and she has not given divorce at all. and now gundappa is no more and he died in 2009. now the problem is my neither my grand mother umadevi nor my mother shakuntala  get any property from his 24 accers land. but children of Putalibai and vimalanai got property. so could u pls tell me whether we get property of our portion or not. i am thinking to get it from court. is it possible? and pls tell me what is the procedure.


Attached File : 968993829 untitled.png downloaded: 51 times

siddesh tandur (no)     30 July 2014

dear sir 

 

in the below attached family tree i am the son of shakuntala. and gundappa is our grand father. here the problem is my grand mother Umadevi  separated from gundappa due to his second marriage. and she has not given divorce at all. and now gundappa is no more and he died in 2009. now the problem is my neither my grand mother umadevi nor my mother shakuntala  get any property from his 24 accers land. but children of Putalibai and vimalanai got property. so could u pls tell me whether we get property of our portion or not. i am thinking to get it from court. is it possible? and pls tell me what is the procedure.


Attached File : 968993829 presentation2.jpg downloaded: 65 times

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