Since the Act does not take effect to those who is born after 1976, you having born later are not covered by this Act.
However you can seek partition under Hindu succession act.
Ancestral property of grandmother
Property in dispute: Ancestral property of grandmother. Grandmother and mother are alive. I was not a defendant in this suit. Plaintiff: Eldest son of grandmother (My Elder Uncle) Defendant 1: My Mother Defendant 2: My Elder Brother Defendant 3: My Grandmother Defendant4: My Younger Uncle Grandmother made sale deed of entire ancestral property to my mother. Mother gave a portion of that ancestral property to her Ist son and my brother. My elder uncle filed suit. Court Judgement: Divided property among grandmothers 3 children (2 son and 1 daughter) and one grandson (daughter's first son born before 01.12.1976). I am the second grand son (daughter's second son) Judgement based on Marumakkathayam act Section 17 with cut off date 01.12.1976, my date of birth year is 1978. Request legal advice on my share of this ancestral property. Can I file a suit based on the judgement of the court and claim my share of this ancestral property?
Asked 8 years ago in Property Law
Religion: Hindu
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
9 Answers
1)it is necessary to peruse order passed by court to advice
2) contact a local lawyer as it pertains to provisions of marumakhattayam act and based on his advice decide your course of action
Local lawyer perused the order passed by court. Advice given to me was that I cannot file suit now based on Hindu succession act as My grandmother and mother are alive.
Asked 8 years ago
Since local lawyer has perused the order and is conversant with local act go by his advice
Well, if that is so then wait for sometime and concentrate to make your own fortune by your hard labour.
Your local lawyer is right in his opinion. As per HSA and its latest amendments, your grandmother is alive and your mother is also available, therefore you cannot claim any share in your mother side ancestral property. The claim if any shall extinguish with your mother itself, the subsequent generation to your mother is not entitled as a coparcener.
1. On what basis do you call the property ancestral?
2. If the property is ancestral the sale could not have been made by your grandmother except with the consent of all the shareholders who had a fluctuating share as on the date of sale.
3. You can file a suit to cull out your share in the ancestral property regardless of whether your mother and grandmother are alive or not. The property has already been sold and thereafter divided on the orders of court, albeit it is not clear if the sale deed was challenged or not. Hence, you can cull out your share.
Suit filed by plaintiff on 24.09.2012, court judgement made on 31.03.2015 Plaintiff: Eldest son of grandmother (My Elder Uncle) Defendant 1: My Mother Defendant 2: My Elder Brother Defendant 3: My Grandmother Defendant4: My Younger Uncle Plaintiff (My uncle) proved at court that the said property is ancestral based on Exhibits. Exhibit A1 - sale deed Grand mother to Mother - 20.02.2008 Exhibit A2 - settlement deed my mother to my brother - 09.06.2010 Exhibit A3 - Partition deed - 1123 (Malayalam Era) - 1947 Exhibit A4 - Gift deed Grandmothers brother to Grandmother - [deleted] Exhibit A5 - Gift deed SRO - [deleted] Court Judgement: Plaint scheduled property is a family property devolved upon the mother of plaintiff by virtue of partition deed Exhibit A3. By taking advantage of the absence of plaintiff in the locality, the first defendant along with the mother and other brothers, created a partition deed concerning the plaint scheduled property without the knowledge of the plaintiff. Exhibit A1 and A2 documents made without the consent and concurrence of plaintiff and liable to be ignored for ordering partition of the entire property. It is ordered to divide the plaint scheduled property into 4 equal shares and allot 1/4th share to the plaintiff. The first and second defendant will be jointly entitled to get half share upon the plaint scheduled property on the strengths of Exhibit A1 and A2 deeds, that is those deeds will hereinafter be treated as relinquishment deeds made by defendants 1 and 3. 4th defendant will be entitled to get 1/4th share upon plaint shceduled property. The defendants are restrained from committing mischief upon plaint scheduled property till a final decree is passsed or upto the lawful division of property. The plaintiff may apply for passing a final decree within a period of six months from the date of judgement. I am the second grand son (daughter's second son). Judgement based on Marumakkathayam act Section 17 with cut off date 01.12.1976, my date of birth year is 1978. I was not part of this suit, Can I cull out my share based on Hindu Succession Act, my grand mother and mother are alive. I am based at Kerala.
Asked 8 years ago
1) court has set aside sale deed executed by grandmother in your mother favour on the grounds that your uncle was not party to the partition deed
2) since your grand mother did not obtain your uncle consent sale deed has been set aside and court directed partition of the property
3) in the event your mother is aggrieved she should file an appeal against the preliminary decree passed by trial court
4) since you are not a party to the suit proceedings you cannot file an appeal against the order
From the contents of the judgement furnished by you, it can be seen that the court has divided the property among the first level heirs alone, hence you may not be eligible for a share in it,whether you were a party to sit or not.
Please go through the judgement properly
It is ordered to divide the plaint scheduled property into 4 equal shares and allot 1/4th share to the plaintiff. The first and second defendant will be jointly entitled to get half share upon the plaint scheduled property on the strengths of Exhibit A1 and A2 deeds, that is those deeds will hereinafter be treated as relinquishment deeds made by defendants 1 and 3.
1. What was your age on the date of filing of suit? Did you have notice of the filing of suit? If at all you did not have notice of the filing of the suit, coupled with the fact that the property is ancestral for you, you can file for partition to cull out your share.
2. The court has held that the property is family property, but it still needs to be ascertained as to whether it is family property for you or only for generations in the preceding generations in the order of ascendancy.