• 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 1 year ago in Property Law from Mavelikkara, Kerala
Religion: Hindu
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.
Devajyoti Barman
Advocate, Kolkata
5237 Answers
54 Consultations
4.9 on 5.0
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 
Ajay Sethi
Advocate, Mumbai
23318 Answers
1220 Consultations
5.0 on 5.0
Since local lawyer has perused  the order and is conversant with local act go by his advice
Ajay Sethi
Advocate, Mumbai
23318 Answers
1220 Consultations
5.0 on 5.0
Well, if that is so then wait for sometime and concentrate to make your own fortune by your hard labour.
Devajyoti Barman
Advocate, Kolkata
5237 Answers
54 Consultations
4.9 on 5.0
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.
T Kalaiselvan
Advocate, Vellore
14122 Answers
127 Consultations
5.0 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
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 
Ajay Sethi
Advocate, Mumbai
23318 Answers
1220 Consultations
5.0 on 5.0
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.
T Kalaiselvan
Advocate, Vellore
14122 Answers
127 Consultations
5.0 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0

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