• Ancestral property rights

Hi, my maternal grandfather had 8 children 5 daughters and 3 sons of which one daughter is now deceased.
My grandfather passed away in 2007.
He had no will and the succession certificate bore names of 7 children excluding the deceased daughter.
My maternal uncles have staked their claims on the family property and have told all daughters that they have no rights on the same.
They have a property deed which has signatures of all daughters which is also an NOC this was procured at the time of death of my grandfather this documents states that all daughters transfer their property rights willfully to my Grand Mother and will have no objection to the same of how will she treat the titles transferred to her.
Later without her or any daughters knowledge the said titles were transferred into the names of my maternal uncles.
Can we challenge anything of the above?
The documents were misrepresented to us and were signed due to false implication  of its use can there be a way where this can be now reversed?
Can we as maternal grand children challenge this deed and stake our claim?
Any insight on the above will be extremely helpful.
Asked 2 years ago in Family Law from Mumbai, Maharashtra
Religion: Hindu
1)did the deceased daughter have any children ? 

2) on demise of deceased daughter her share would fall on her legal heirs 

3) if daughters have transferred their rights in favour of grand mother they cannot lay any claim on the property now 

4) only with grand mother consent can the property rights be transferred in name of uncles 

5) it is necessary to peruse various documents cited by you to advice 

6) is the grand mother still alive ? if without her consent property was transferred she can move court to set aside the said transfer . 

7) grand children have no share in said property if their parents have relinquished their interest
Ajay Sethi
Advocate, Mumbai
46692 Answers
2763 Consultations

5.0 on 5.0

The daughters succeed in the same manner as sons to the property of their parents. However, if the daughters have executed a deed of transfer of their share in the property then it binds them. The grandmother was at liberty to alienate the share transferred to her by her daughters unless there was a clause in the transfer deed which prevented her from doing so. The onus to prove that the relinquishment deed was executed under misrepresentation, as claimed by you, is on the daughters or their legal heirs. 
Ashish Davessar
Advocate, Jaipur
23120 Answers
639 Consultations

5.0 on 5.0

After the death of maternal grandfather his 8 children and wife become absolute owners of the property. If the daughters relinquished their right over the property then at present they have no right at all.
As per your query the grand children have no share in said property if their parents have relinquished their interest.
Now the grandmother has at liberty to alienate the shares/ property as per her wish.
Ajay N S
Advocate, Ernakulam
2818 Answers
47 Consultations

5.0 on 5.0

if you are the child of the daughter of the family, you do not have any rights in the maternal grandfather's property.  If the property was left intestate by your grandfather, your mother has a right to claim her legitimate share in the property. If her brothers do not oblige her with her due share amicably then she may file a partition suit and claim her share as well as separate possession.
If your mother suspects that she was misrepresented with documents and her signature was obtained fraudulently, she can file a declaratory suit to declare the said document as null and void as her signature was forcibly or fraudulently obtained .
T Kalaiselvan
Advocate, Vellore
36856 Answers
403 Consultations

5.0 on 5.0

On the death of your maternal Grand Father, the property will devolve upon your Grand Mother, your father, your two uncles and 5 aunts (including the deceased) equally.  The deceased aunt share goes to her children.  Totally there are 9 legal heirs (including your grand mother). Hence, by above equation, your father will get 1/9th share.  You can claim your right from this 1/9th share only.  Likewise your uncles and aunts and your grand mother will get 1/9th share each.  

You have not stated that the NOC is registered or not.  Assuming that it is not registered, the NOC you were referring is invalid in the eye of law.  It will not be taken as evidence in the court, since it is not registered in the sub registrar office. Hence, do not worry about that.  

If the NOC is registered, only 3 sons and Grand mother can claim and the daughters (aunts) will not get any share in the property. 

You or your father or any aggrieved family member can file a partition suit against the other members.  The fee will be very nominal around Rs. 200/- only.  
Ravinder Pasula
Advocate, Hyderabad
397 Answers
97 Consultations

5.0 on 5.0

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