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Prashant Agnihotri (Assistant Manager HR)     12 May 2016

Verdict reference required for ancestral property...

Dear Lawyers,

It has always proved successful to post any question on this forum. Thanks for all your support in advance.

I need to get a verdict for reference where a building was given to a son (A) in his father’s will however, another son (B) was given a right to possess one of the shops in the same building forever paying fixed rent to the son (A) who has received the ownership of the building. Son (A) has also been instructed that he can not as son (B) to vacate the property ever.

However, son (B) died in an accident and now his wife wants to possess that shop for her expenses and want to claim the shop under ancestral property right.

Moreover, son (A) would not have right to sell the shop in case he does, the party who purchases the property would not have the right to ask son (B) to vacate the property. Because his father gave him the property to possess and not to vacate.

Please share couple of verdict given in the favour of son (B) or his spouse.



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 1 Replies

adv.raghavan (Advocate,9444674980)     13 May 2016

Query is selective and brief, so it would be appropriate to file partition suit and court will be best place to interpret certain terms in WILL to the satisfaction of the parties concerned.


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