Hi Sir/Madam, Greetings, Here is my question about womens property Right My maternal grand father acquired property through will from his paternal grandfather,not from his father. which he has sold in 1962, In sale deed mentioning the 2 survey no of the 5 acre property he's buying in vijayawada, showing his sons as minors. Later that year 1962,he bought the same property with 2 survey no 5 acres, out of which one survey no 2.62 acres he registered will in his wifes name, my maternal grandmother and rest 2.38 acres on his name,with no reference to the above said sale deed or ancestral property what so ever. Separately that year my maternal grandfather again bought 7.62 more acres of land. Total land :12.62 acres, 10 acres on my maternal grandfather, 2.62 acres on my maternal grandmother. For which she's being paying taxes on her name, since then. And applied for loan in co-operative society and fullfilled the loan. And in 1980 all three children of my maternal grandfather, my mother, 2 uncles executed partition deed of the land 10 acres of my maternal grandfather. With one acre to my mother, rest distributed among 2 of my uncles. In 2011, she, my maternal grandmother exercised awill and transferred the 2.62 acres of property on her name to us, her daughter's children. Since, then my maternal grand parents being taken care by my mother only. In 2011 my uncle filed a suit against my maternal grandmother property of 2.62 acres,which she willed to us, her daughters children,demanding that property be divided in to 3 equal shares for his father,brother,1/3 share to him, claiming as his ancestral property in lieu of the sale deed executed by my maternal grandfather in 1962. My maternal grandmother passed away on 2014@82yrs. While the case is still pending for judgement. My mother be in replaced as defiant in her place. The sessions Court on 2023 declared it as Benami property and shared the property among my maternal grandfather and his two sons(pfa judgement copy) - CASE NO. : O. S. 71/2011.(xiii Additional judge,vijayawada) Question- 1.Does it claim under Ancestral property of my maternal grandfather as it's transferred through will from his paternal grand father(his share after distributing property among his sons, with condition that my maternal grandfather shall not claim any property from his father, his son, for which my maternal grandfather obliged) . 2.Does it qualify under absolute property (full ownership) of my maternal grand mother under section 2005,sec 14(1).As the property being purchased on maternal grandmother name. 3.Does this qualify under adverse possession law. As she's being paying taxes since 1962 . 4.How to appeal against this session' s court judgement in high court. Case no - O. S. 71/2011 5.As per the partitioned property of 10 acres, can we appeal for equal share,as my mother got only 1 acre. What are our possibility in this partitioned propert
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It is not ancestral property as bequeathed by will
2) maternal grand mother had no source of income .it was bought by grand father in her name for benefit of joint family
3) you cannot claim adverse possession
4) file appeal against impugned order
5) your appeal against partition deed is barred by limitation
1. It do not come under the ancestral property category, but you may read your own statement that the court declared it as benami property and not ancestral property, hence their claim as ancestral property will not stand a ground.
2. Your grandmother is the absolute owner of the property hence you can fight it on that ground itself.
3. She is the absolute owner by a registered title deed on her name.
4. You can approach a lawyer at high court and prefer an appeal.
5. If there was a registered partition deed, then your mother cannot claim
1. It is not an ancestral property
2. Yes,
3. No
4. You can appeal before the High Court against the judgment,
5. Your mother can file appeal for equal share
The property of your father side will only be considered as ancestral for you. As per the HSA amendment of 2005 women will have right in the same with retrospective effect only if the same is not legally partitioned
Dear client,
Hope this helps you.
