Kalai Selvi (Commercial) 05 July 2012

Womens rights in grand fathers / fathers property

Dear Sir,

My Grandfather has two wifes. Both are legal. Elder one has only one son. He is the big father for our family

Younger wife has four children (My father, Two aunty and periyappa) My father and both the aunty are deaf and dumb and my periyappa is mentally disordered and he has no children and he has died also. Only his uneducated wife is still survive.

According to me, my Grandfather has the property of One Shop of around 2000 sq ft and Three houses at Salem Tamilnadu. The property value around 3 crores. As our father is helpless my Big father has given only one house for both my father and periyappa as FINAL settlement and informed us that we don’t have any rights in the shop or any other houses.

For our father we are four children Two daughters and Two Sons. My fathers house both the brothers shared among themselves without informing us and they are telling I have no share in the property.

Pls advise on the following.

1. Whether I am having rights in my BIG FATHER as well as in my fathers property.

2. I am not having copy of any of the documents. I know only my house address. Based on this is it possible to get copy of the document from registrar office?

3. Is it possible for me to file a case against my BIG Fathers property as a single member as our family members are not ready to support me in filing a case against my BIG Fathers property

4. What will be the court fee invloved to take up the case. I am from low middleclass and hence I need to calculate approx amt that could be involved in filing a case.

5. Any exemption can be availed for court fee. ( Property is in Salem and I am staying at Bangalore)

Pls advise.

Kala

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2 Replies

Anish Thakur 7018812737 (advocate) 05 July 2012

Dear Kala ,

reply to your questions are as follows-

1.yes,you have right in your grandfathers as well as fathers property and no one can deprive you from it.

2.yes you can apply and get copy of property papers from registrar office even if you knows only address or you can get it by way of information through rti application as well.

3.yes ,you can individually file suit for injunction as well as for adverse possession as you are also one of the sharer in the property .

4.court fee will depend upons the value of the property and advocate fees is differs individually.Can cost upto 5 00 000 rs .

5.nope there is no procedure for geting exemption from court fee in private cases.

feel free to call on 9459321520 between 1 pm to 5 pm.