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Rajachandran Nair
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  Member Since : 10 January 2011  (Mumbai)

(1) Whether the property was self-acquired property of your grand father or how he got the property? Have you got any document in that respect?

Ans: My grandfather got the property for my great grand father. Documents available.

(2) If it is self acquired property of your grand father, then whether (i) he distributed the property during his life time to your father and other son(s) / daughter(s) or (ii) your father got his share in the property after death of your grand father?

The property was equally distrubuted to my father and his brothers and sisters before the death of my grandfather. The property was partitioned after the death of my grandfather as per his terms in the WILL.

(3) If answer to (2)(i) is in the affirmative, then from the document it has to be seen whether your grand father intended that the property given to your father is to be treated as 'ancestral property' or not. If nothing has been specifically stated that it should be treated as 'ancestral property', then the property cannot be treated as ancestral property.

Ans: Nothing is mentioned anything about being treated as ancestral property.

(4) On the contrary, if your grand father had got the property by way of partition of the JOINT HUNDU FAMILY PROPERTY, then the said property would be 'ancestral property' in the hand of your father.

Ans: Yes my grandfather has got the property by way of partition.

With these answer please advice what should i do to proceed.

 



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