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Author Topic: Ancestor property for minors  (Read 737 times)

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Offline rakeshmadhyastha788

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Ancestor property for minors
« on: May 01, 2016, 03:59:23 AM »
Hi,

My Father had purchased a property from 3 brothers and registered in 2003, at that time all of there's children were minor. Its a 3 brother's Father property divided and made into revenue sites by own without any proper plan and sold. Now one of the 3's daughter filled case against 3 of them and notice flex are put in properties. There are around 50 sites and houses are built in most of sites. The property was purchased or owned by 3's brother. will this case affect us? are we loosing property? we have currently RTC copy where the survey number was mentioned was allocated to only 3. can you please further guide us

And its been noted by corporation and taxes also paid, PID also allocated.

Offline rajgopal sripathi

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Re: Ancestor property for minors
« Reply #1 on: May 02, 2016, 12:04:36 AM »
Hi
As you said it is 3 brother's father's property which had devolved on the 3 brother's on the death of their father.
i understand you are from karnataka.

The daughter of the 3 brother's is entitled to a share of property under certain conditions(assuming she got married after 1990) and the property was an ancestral property remaining undivided from great grand father to grand father and then to father.

to give you the correct legal opinion we need to see how the father of 3 brother's got the property and whether the 3 brother's have mutated the property in revenue records and if so on what basis.

technically if the property of the father was passed on to 3 brothers and the 3 brothers have partitioned the properties or atleast done a mutation in their name, then the 3 brothers have all the rights to dispose of the property and daughter does not have any claim.
 

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Offline rakeshmadhyastha788

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Re: Ancestor property for minors
« Reply #2 on: May 02, 2016, 10:26:27 PM »
Thanks Sripathi Sir,

I discussed with my father, he had documents how he purchased from land. The property is been allocated to 3 brother's father by govt. Its gomala i think. We have the copy of allocation from govt. In RTC we could see only 3 brothers Name. We had purchased in 1990 by that time only bond paper used as power of auhorite y. but We have registered in 2013.

Currently we have RTC,Registration, Govt allocation, GPA copies.

The sites are not been divided by own not registed in govt documents also i think.

But recognized by Corporation.

BTW case has been filed against 3 brothers, notice boards has been put near sites for notifaications, Do we need to file case i mean site purchasers?

Offline Shilpa Prabhudesai

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Re: Ancestor property for minors
« Reply #3 on: May 04, 2016, 01:08:18 AM »
Hello
I have property in Pune. We have joint agreement between we 3 sisters and 2 cousins. We had given property for development to builder. After court case the judgement is that builder m,ust develop the property and give us our share as per agrrement. Case was over before 2 yrs. but still builder has not finished construction . So what action I HAVE TO TAKE?

Offline advjaibansal

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Re: Ancestor property for minors
« Reply #4 on: May 04, 2016, 01:23:23 AM »
Dear Rakesh,

From the details provided in your post, it seems that the property was allotted to three brothers only and it was not an ancestral property. In such circumstances, nothing may happens in the court cases, but if court notices comes to you, please respond and appear and participate in the litigation and submit your replies as per the documents available to you.

Regards,
jai bansal, advocate
new delhi
supreme court of india
bansal.jai@gmail.com
09868566649
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline rakeshmadhyastha788

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Re: Ancestor property for minors
« Reply #5 on: May 04, 2016, 03:40:01 AM »
Hello Jai Sir,

The property was allotted to ancestor(father of 3 brother) but in RTC the 3 brothers names were seen while we buying that is why we purchased.Till now no notices has been reached us. One of 3's daughter has filed case against 3, saying its ancestor property they also should get the part from it. But its already sold as sites and registered also.When we purchased they were all minors, in registration paper its mentioned there are no minor rights are there for land and bla bla.

Regards,
Rakesh

Offline advjaibansal

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Re: Ancestor property for minors
« Reply #6 on: May 04, 2016, 04:12:28 AM »
Dear Sir,

If the property was ancestral and give to three brothers and their names were included in the papers. But at the same time the same was sold, while the daughters were minors. It was a grand father's property and sold by their father. I don't think there may be any problem in the future. But once you know the said suit being pending and you are not a party there, please file an implement application before the court that you have a vested right in the property and hence be allowed to become a party. You are a buyer in good faith. Nothing will happen but at the same time you have to keep an eye on the pending suit to protect your right.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline rakeshmadhyastha788

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Re: Ancestor property for minors
« Reply #7 on: May 04, 2016, 11:05:44 AM »
Thank you very much Sir.

BTW what is "file an implement application before the court"

Regards
Rakesh
« Last Edit: May 04, 2016, 11:10:41 AM by rakeshmadhyastha788 »

Offline advjaibansal

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Re: Ancestor property for minors
« Reply #8 on: May 05, 2016, 04:35:38 AM »
Sorry for typo error. It is impleadment application. which means you have to implead yourself in the said suit as party to the case.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline rakeshmadhyastha788

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Re: Ancestor property for minors
« Reply #9 on: May 05, 2016, 08:31:00 AM »
Thank you very much sir.

Just for the information, can we file case after their case judgement? If we can, what kind of case we can file? Do we need to file in higher court or same court?

Regards,
rakesh
« Last Edit: May 05, 2016, 08:33:28 AM by rakeshmadhyastha788 »

Offline advjaibansal

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Re: Ancestor property for minors
« Reply #10 on: May 06, 2016, 12:02:28 AM »
Dear Sir,

As if now only contest the cases, you may not need to file any cases. Cannot say as to what case depending on the future result, you may need to file in future.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

 

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