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Author Topic: Dispute over ancestoral property  (Read 1540 times)

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Offline Tarunkumar

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Dispute over ancestoral property
« on: September 01, 2013, 02:38:30 AM »
My grandfather had 4 sons (one of them died) and 2 daughters. He was given 6 acres of land. In the documents it was written that the land cannot be sold and it belongs to my father's elder brother(he died when he was 7 yrs old) and my father and any sons who will be born to my grand father. My father left the house when he was married and left the land to one of his younger brother to do farming and live his life. (The other one is in hyderabad ).
But he has created fake passbook, adangal that he has purchased the land from my father and that he is the owner of 6 acres land in 2003 itself.
My father was informed by a person that his younger brother created a fake passbook. So my father asked him to cancel that passbook and that to give his land back.
Now he is refusing to give the land back to my father and says that my father has to pay his debts (these debts are his personal;he drinks and wastes money.So why should we pay his debts ) and that he has taken care of my grandfather and grandmother so he won't give it.
My father's elder sister is provoking him not to give the land to us. All four of them are against my father and they say that they will not give him the land. She is also asking a part of the land.But in the bond paper it is written that only the sons will get the land.
What can we do to get the land without paying any debts?
Thank you

Offline advsarmaroy

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Re: Dispute over ancestoral property
« Reply #1 on: September 02, 2013, 11:12:32 PM »
A will cannot be conditioned. such will is invalid.
hence in this regard the will can be challenged.

in this case the property will be shared as par the provisions of succession act
Advocate Sarmaroy
Corporate lawyer / Real estate law expert

Offline Tarunkumar

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Re: Dispute over ancestoral property
« Reply #2 on: September 03, 2013, 07:00:24 AM »
Can you please explain in detail?
Thankyou.

Offline advsarmaroy

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Re: Dispute over ancestoral property
« Reply #3 on: September 03, 2013, 06:56:19 PM »
you have mentioned that your grand gave a land in will stating that it cannot be sold is a condition, such condition will is invalid
Advocate Sarmaroy
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Offline NRI LEGAL CONSULTING

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Re: Dispute over ancestoral property
« Reply #4 on: September 05, 2013, 12:27:54 AM »
Dear Sir, in your case the property will be shared as par the provisions of succession act because your grand's will is invalid.
  for more query us at query@nrilegalconsulting.com

Offline Tarunkumar

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Re: Dispute over ancestoral property
« Reply #5 on: September 05, 2013, 07:10:36 AM »
Will the daughters recieve the and as well?The will was written in 1956.The constraint that the land has not be sold was for my grand mother olny and not for her sons

Offline advRanjithRajagopal

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Re: Dispute over ancestoral property
« Reply #6 on: September 05, 2013, 07:35:13 PM »
yes now daughters also have a share in her parents property
adv.Ranjith Rajagopal

Offline Tarunkumar

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Re: Dispute over ancestoral property
« Reply #7 on: September 07, 2013, 07:56:59 AM »
Should we pay his debts to obtain the property?Can we file a forgery case on him?

Offline advkartik

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Re: Dispute over ancestoral property
« Reply #8 on: September 12, 2013, 09:29:58 AM »
whether u pay his debts or not is your personal issue. as for the case it has no barring

 

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