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Author Topic: Legal Rights for property  (Read 292 times)

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Offline kevin2johnson@gmail.com

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Legal Rights for property
« on: February 20, 2018, 11:32:28 AM »
Hello Sir/Madam,

Location: Odisha, India, Hindu Family

My Grand Mother and Grandfather have 5 kids. 3 Male and 2 Female (All are living with their families). We have a piece of land around 8 Acres.  It is on my grandmother’s name. Grandmother and grandfather are passed away. They don’t have any will written.

So my query here is,

My uncles (father’s brothers) are not talking anything about dividing the land. The younger one (C) is collecting the money and using it for him (By force) whatever comes from the land. What are the possibilities here for me to fight for my father’s legal rights and get his share of land? My father is the elder one to all.

Details:

A: 1st Elder (My father), (Family: Mother, Sister (married), I am (married)

B: 2nd – Aunt: (Married and stays in another state)

C: 3rd – Paternal Uncle: Not Married (Single)

D: 4th – Married (Wife and Kid -3yrs age)

E: 5th – Aunt: (Widow)

-          Please suggest me the solution according to the legal rules we have in India.

-Kevin (SK)

Offline advjaibansal

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Re: Legal Rights for property
« Reply #1 on: February 20, 2018, 11:46:44 PM »
Dear Sir,

Please file a civil suit for partition of the land along with injunction application before the concerned civil court. Please file file an application that the profits received from the land by your uncle/brother be deposited in the court during the pendency of the suit proceedings.

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

Offline kalaskarkk

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Re: Legal Rights for property
« Reply #2 on: February 25, 2018, 10:53:07 PM »
Dear Sir,

The Law of Inheritance runs on the following principles. Please try to understand or else send brief note to my email for detailed answer at my leisure time.

What does the grandparent's property law in India state? Does the grandson own the right to the property?
All property's owned by a Hindu person devolves onto his class one legal heir's.

Now to the specific scenario's in ur example (for sake of convenience I'm presuming ur ur grandfather has only one legal heir)

Senario1: The property is self acquired by your Grandfather, in such case upon his demise interstate (without a will) the property would devolve upon ur Father and not you. In case your farther passes away before your grandfather then it such case it would be devolve upon you, your mother and ur siblings equally.

Scenario 2: the property in question is self acquired by ur grandfather father ( ur great grand farther) - would devolve same as scenario 1.

Scenario 3: the property in question is self acquired by ur grandfather grand father ( ur great great grand farther) - would devolve same as scenario 1.

Scenario 4: the property in question is self acquired by ur grandfathers great grand father ( ur great great great grand farther) - then in such a case you would be entitled to the property by birth as it becomes ur ancestral property.

To give you more clarity on the concept of Ancestral Property's : any property which passes undivided down 4 generations of male lineage is called ancestral property. The right to such property acures at birth unlike other laws of inheritance where right arises upon the death of the the owner.

Hope this brings some clarity to your question and your sense of entitlements.
Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com
Call me for clarification

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Re: Legal Rights for property
« Reply #2 on: February 25, 2018, 10:53:07 PM »

 

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