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Author Topic: Joint Ancestral Properties  (Read 258 times)

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Offline rammachineni

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Joint Ancestral Properties
« on: April 30, 2016, 10:17:26 AM »
We are hindu joint family of 4, me(male) and 3 sisters got married before 1985. my father had total of 32 acres out of that 12 acres were self acquired  and 20 acres were ancestral. elder sister was given 10000rs as her share 40 years ago. second sister was given 6 acres(3 acres self acquired and 3 acres ancestral) as her share. younger sister given 5.5 acres(self acquired) as her share at the time of their marriages before 1985. my father and i were partitioned remaining properties orally by meets and boundaries among relatives and elders. i was given 11.5 acres(ancestral) as my share and my father got 9 acres(4 acres self acquired and 5 acres ancestral) as his share. since then we are enjoying our properties and got mutated in revenue records as mentioned above.

i had dispute with my father  and tried to grab his properties illegally by false documents,but my father realized  and gave all his share of properties to second sister by gift deeds and registered will, because my second sister lives in same village moreover she took all the responsibilities of my parents till their death. my father gave all his share of properties to second sister by gift deeds and registered will . later my father filed possession suit against me and included my second sister as legal heir  and even mentioned in registered will.

my father expired in 2011. later i was found guilty and had to compromise with my second sister in lok adalat and my sister got father's share as per my father's will even my mother gave her share(ancestral) to second sister by gift deed. my mother expired in 2014. since then my share is 11.5 and my second sister's share is 15

my younger sister sold her share(self acquired by father) in 2008. i don't have any proof to show that my elder sister given 10000 as her share except my relatives and elders witness. now my elder sister and younger sister collide and sent a legal notice to my second sister and me for partition of father's ancestral joint properties. they never asked my parents about this even didn't send a legal notice when they were alive. now my questions are as fallows

1. do my sisters claim their share despite they got married before 1985
2. do my sisters claim on both ancestral and self acquired properties
3. how much will my second sister and i loose if partition takes place
4. second sister got my father's share through court. will it be included in partition
5. do my sisters have right to have their share on already partitioned properties(no joint properties right now)
6. does hindu family succession amendment act 2005 applicable to this case
7. if ancestral properties takes into consideration will i loose more than second sister
8. does my guilty in previous case is to be part of this case?

please help me
 



Offline adv.amarnath

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Re: Joint Ancestral Properties
« Reply #1 on: May 01, 2016, 03:35:47 AM »
1. do my sisters claim their share despite they got married before 1985
Yes

2. do my sisters claim on both ancestral and self acquired properties
yes

3. how much will my second sister and i loose if partition takes place
This is a question of determination. You have to go for online consultation in details with me

4. second sister got my father's share through court. will it be included in partition
No

5. do my sisters have right to have their share on already partitioned properties(no joint properties right now)
If the partition is registered then cannot.

6. does hindu family succession amendment act 2005 applicable to this case
yes, it is hindu succession act.

7. if ancestral properties takes into consideration will i loose more than second sister
You have to go for consultation in details

8. does my guilty in previous case is to be part of this case?
I have to go through your earlier case then I can say
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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