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property issue
3 weeks ago
Me ,my husband and my brother togther have a property 51*32 sqfeet land and now we are constructing house 4 floors .As good will i thought of giving my brother my share and divide the property on my husband and his name.but recently my mom died and my father also not ready to give our share in ancestral property ,They have stopped talking to us for no reason.he is not alowing us to speak toour dad.so now i think no point giving my share to him.the construction has started he paid 25 lakhs to us ..i can return him the money as i want my share same.he may use some force or some influence to trouble me.i am normal person.what are possibilty ,.
A.Dear Madam,
You can do as proposed by returning Rs.25,00,000/- and thus you may settle the issue amicably failing which he cannot do anything against you.
You can do as proposed by returning Rs.25,00,000/- and thus you may settle the issue amicably failing which he cannot do anything against you.
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A.Dear Client,
An individual gets the right to ancestral property by birth. Typically, ancestral property refers to property that has been inherited for four or more generations and has not been divided or sold off. After the amendment of the Hindu Succession Act in 2005, daughters regardless of their marital status given the right to claim their share both in ancestral property and self-acquired property(if left intestate) of their parents. Since the property inherited by your father is explained as ancestral property, so, he himself being a coparcener had no right to divide or distribute the share of the said property as per his choice to anybody depriving a legal heir/coparcener of his/her legitimate right to said ancestral property. Until and unless an undivided ancestral property is partitioned through a decree of partition passed by a Civil Court, a coparcener or legal heir cannot get his/her share in the said property and cannot transfer his/her share in the property without the consent of other legal heirs/coparceners. Once the ancestral property is partitioned, it ceases to have the character of 'ancestral property' and becomes 'self-acquired property' in the hands of the family members who have received it, which gives such family members an unfettered right to deal and/or dispose of such property. Unless you get your share in the said ancestral property, you cannot relinquish your right to your share in the said property either through a deed of gift or deed of relinquishment. In the given scenario, you need to file a civil suit for a declaration under Sec.34 of the Specific Relief Act, 1963 before the competent Civil Court seeking an injunction under Order 39 Rule 1 & 2 CPC read with Section 151 of CPC requesting the Court to exercise its inherent power to do justice. Being a coparcener and legal heir of the said undivided ancestral property, you can file a civil suit for partition in the civil court to obtain your share in the property.
An individual gets the right to ancestral property by birth. Typically, ancestral property refers to property that has been inherited for four or more generations and has not been divided or sold off. After the amendment of the Hindu Succession Act in 2005, daughters regardless of their marital status given the right to claim their share both in ancestral property and self-acquired property(if left intestate) of their parents. Since the property inherited by your father is explained as ancestral property, so, he himself being a coparcener had no right to divide or distribute the share of the said property as per his choice to anybody depriving a legal heir/coparcener of his/her legitimate right to said ancestral property. Until and unless an undivided ancestral property is partitioned through a decree of partition passed by a Civil Court, a coparcener or legal heir cannot get his/her share in the said property and cannot transfer his/her share in the property without the consent of other legal heirs/coparceners. Once the ancestral property is partitioned, it ceases to have the character of 'ancestral property' and becomes 'self-acquired property' in the hands of the family members who have received it, which gives such family members an unfettered right to deal and/or dispose of such property. Unless you get your share in the said ancestral property, you cannot relinquish your right to your share in the said property either through a deed of gift or deed of relinquishment. In the given scenario, you need to file a civil suit for a declaration under Sec.34 of the Specific Relief Act, 1963 before the competent Civil Court seeking an injunction under Order 39 Rule 1 & 2 CPC read with Section 151 of CPC requesting the Court to exercise its inherent power to do justice. Being a coparcener and legal heir of the said undivided ancestral property, you can file a civil suit for partition in the civil court to obtain your share in the property.
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A.Dear Client,
Firstly you have your equal right to share of your ancestral property as per the 2005 amendment act where even women have equal right in the property. additionally nobody can threaten you since it is a crime under sec 503 of IPC
Firstly you have your equal right to share of your ancestral property as per the 2005 amendment act where even women have equal right in the property. additionally nobody can threaten you since it is a crime under sec 503 of IPC
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