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selvi (executive)     27 November 2013

Right of grandparet's property

Hi!

 

my maternal grandparents property is controlled by maternal uncle.   my grandparents died (1974, 1985)without a will or registered deed.  my uncle even sold an agricultural piece of land without his sisters (3) consent in 1992.  he has constructed new buildings in the land belonged to his parents.

one of my mother's sister has passed away in 2009.  how do i /my mother stake claim over this property ? can my mother by a deed gift her share to any of her children?

 

please give reply



Learning

 3 Replies

adv.raghavan (Advocate,9444674980)     27 November 2013

All the 3 sisters can sue the brother now, and contest the sale deed executed by him, without their concurrence, and all the 3 sisters can now file for a partition suit,  sisters who are not alive, their legal heirs can contest the case accordingly, u mother can give u power to contest, but not gift deed.

uttamtibrewal@yahoo.com (Advocate)     28 November 2013

dear madam....

NO she can not first she has to claim her share in the said property and then she can transfer her share to any one whom she feel so....

In order to claim her share she need to file partition suit in civil court...

for any query in regards do rpely back 

with regards

uttam


(Guest)

Hello Selvi.

Under Hindu Succession Act, the coparceners have birth rights in the joint family/ ancestral properties which they can get culled out anytime by a partition, they have the right to sell/gift/will away their share of the property, they also have the power to assail any wrongful transfer of property made by Karta. Before 2005 only son, son’s son, son’s son’s son were coparceners, with the daughters only having a right to reside in the property and get their marriage expenses defrayed out of the same. A son would acquire proportionate ownership in the property moment of it’s conception, but not the girls. However, after the amendment of 2006, made ot the Hindu Succession act, a daughter also would acquire ownership rights on the property from the time of her conception (provided of course she is born alive). She has the same rights of partition and power to deal with the property as she pleases, this right extends to seeking a partition and sale of the family home as well. This right extend to only ancestral properties (or joint family properties – are properties which people inherit from their paternal ancestors/property) and not separate properties (which include property earned by gift/will/acquired through purchase from own funds/acquisitions from own skill etc.) The sister/s (married, widowed or unmarried) can approach the civil court for seeking a partition from their brothers/family/father etc. Their right is equal. Once acquired she is free to deal with the property the way she likes and it becomes her absolute property and her children have no right during her lifetime. Since the property now becomes the woman’s absolute property, she has the free will to enjoy and property as she likes and can also sell or gift the property and can make will of the same too. Therefore, your mother can claim her share over the property of your maternal grandparents and can gift or make a will of her share of her property.

-Regards

Adv. Pooja

www.lawkonect.com


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