Rajashekarayya and Gouramma (Surname Vastrad) are Couple. These two had no kids.After death of Rajashekharayya Gouramma adopted Shankrayya Hiremath(Who becomes to be Rajashekharayya's Elder brother son).After Adoptation Shankrayya Hiremath Became Shankrayya Vastrad.Gouramma's Husband Rajashekharayya had Ancestral Property. But Gouramma got 53 acers of land after a long legal Battle. ( dont know how and where to get documents related to this case which is about 50 years back).Shakrayya Vastrad has 7 Kids .2 Daughters and 5 Sons. Leela is Shankrayya's first daughter.Chanrashekhar is Shakrayy's Second son. Leela got disconnected with other 6 because of some reasons. Chandrashekhar was a govt employee and got transferred to various places.3 years back when chandrashekhar asked his younger brothers to get the property divided since he thought all 53 acres are in Gauramma's Name. But when all others ignored him se took the RTC and found there are many transactions since 40 years and no one informed Chandrashekhar about these transactions.4 Sons of Shankrayya got the property transferred (Most from Gouramma few from Shankrayya).and two years back they gave some acers to their living sister (elder one expired). When chandrashekhar asked about this everyone's reply is same."Gouramma did not wanted to give you property" Chandrashekhar died in Feb 2023.My question is can Gouramma got legal rights give property on her will? Will it not be considered as Ancestral property?Can Leela and chandrashkhar kids got any legal options to get property share .?are the transactions where Gouramma Transferred to brothers of chandrashekhar are valid ? how Leela and Chandrashekhar family should procede legally now?
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1)Leela and chandrasheksr family should file suit to set aside sale deed fraudulently executed
2) take the plea that it is ancestral property and sold without their consent
3)on her husband demise Gouamna and her adopted son are the legal heirs of ancestral property
3) adopted son children by birth have share in ancestral property
4) they should file suit for partition for division of property by metes and bounds
5) seek injunction restraining sale of balance properties
They need to challenge the will and other instruments which led to transfer of ancestral property
there appears to be a missing link in your query
the legal case in which Gouramma got 53 acres of land
that will determine whether the property is ancestral or self acquired property of Gouramma
Rajasekhekarayaa and Gouramma were not blessed with any children in their married life.
Gouramma adopted a son after the death of her husband hence the adopted so will not have the status of the son of the deceased Rajahshekarayya therefore he is not entitled to any share in the ancestral properties as a right which were inherited by Gouramma after the death of her husband.
In the given context the Gouramma becomes the absolute owner of the entire inherited property hence she is having full rights to dispose the properties in the manner and decision she may take on it.
Therefore the surviving members can decide to solve the issues amicably in respect of the left out properties and divide hem on a compromised solution instead of stretching the civil dispute for years through court and finally agreeing for a compromise settlement.
Dear client,
1. Property Rights and Inheritance: Gouramma obtained the land after a legal battle, which suggests it might not be ancestral property but rather property she acquired through legal means. In India, property laws can vary based on religion, region, and specific circumstances. Ancestral property laws differ from self-acquired property laws.
2. Will and Testament: Gouramma may have the right to dispose of her self-acquired property through a will.
- If she has made a will, the terms outlined in it will determine the distribution of her assets after her demise.
3. Legal Options for Leela and Chandrashekhar's Children: If Gouramma's property is self-acquired and she has made a will excluding them, their legal options might be limited. If there are irregularities or discrepancies in the property transactions that have taken place, legal recourse might be available to challenge these.
4. Validity of Transactions: The validity of the property transactions needs to be examined legally. If any transactions were conducted fraudulently or without proper consent, they might be challenged.
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