Grandfathers property
2 years ago
Hi Sir/Madam
In my grandfathers land my constructed our house with our money and we staying there since 1990..without legally settling my grandfather passed away.. my asked to share the property with my mom sis..unfortunately my mom sister in law came for share.we filed the case and result came as 1/3 share..since we constructed our house in the land and my dad also passed away in that Ouse..my moms wants to stay there until her death..we are staying there for more than 30 years..is there any option to get the whole property registered under my mom name.because both my mothers sister and sister in law are very rich compared to us.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
Although your mother's sister in laws can claim their share in the ancestral property but you could have the house as you are staying there for 30 years and paying all the liabilities and taxes. The Property matters take years to get solved till then your mother could easily live in that house without any problem.
Thanks.
Your mother's sister in law if she is married prior to the 2005 amendment in the hindu succession act then she cannot claim any share in the ancestral property. Also your house have been constructed for more than 30 years that mean you are paying all the taxes on that house which are sufficient proof to claim that house.
Thanks.
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Sanjay Kumar Jha
Responded 2 years ago
If you have constructed building over your ancestral property as u also stated that you are living there since 30yrs. And your mom is alive. Your phufi ( Mom sister in law ) might have married before year 2005, if so then she has no right over property , unless she is or divorced liability on you and she has not living at her Sasural, and no body is looking after her. Otherwise she can not claim her right on ur ancestral property. Also , you must be paying municipal tax that also be a proof. Hence, let her go what she wants to do.Defend her with lawyer.
Thanks
You have to prefer appeal and continue your stay till higher Court gives its verdict. Normally, if you lose the case such sister of your mother as to file execution proceedings and thus it will take years together to get it divided physically.
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