• Ancestors property dispute

My brother's ex wife want to grab our whole property whilst she got remarried after the death of my brother and father in a road accident.  From day one her intention was to take over the whole property and for that she kept harming all family members one by one.  My younger brother is under serious stress treatment . I also having treatment with so many Street related medication and all.  My old mum in india now facing her almost everyday in court. And she kept harassing her by police, offering money to her lawyer and some criminal minded people who are supporting her for their own mean.  Please help us
Asked 3 months ago in Property Law from United Kingdom
Religion: Sikh
1) we need the facts of case to advice you 

2) who is the owner of the property ? 

3) Is it self acquired property of your father ?

4) if property has remained undivided fir four generations it is ancestral property 

5) did your father leave any will or he died Intestate ? 

6) on father demise intestate tiur mother , you and your brother would be legal heirs 

7) on brother death his wife woukd inherit his share in property 
Ajay Sethi
Advocate, Mumbai
23284 Answers
1219 Consultations
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Even after remarriage your  sister in law would have share in her deceased husband property 
Ajay Sethi
Advocate, Mumbai
23284 Answers
1219 Consultations
5.0 on 5.0
1. The proprietary rights of your deceased brother's ex-wife are confined to those properties of which he was the absolute owner during his lifetime. On his demise his absolute properties devolved through succession on his mother, widow and children, so she can file a suit for partition to cull out her share in those properties, whereas she has no share in the properties of any other family member.

2. Look when a legal dispute goes to a court there has to be a winner and a loser. The losing party always draws erroneous presumptions against the courts, but it can always file an appeal to the higher court. So if you have lost in the Sessions court then challenge the judgment/order in the High Court.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
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You have to prepare an appeal to the Hon'ble High Court against the Verdict of Sessions Court. You have very good case and chances to revert the Sessions Court judgement. Only a small part of ancestral property will be allotted to your deceased brother's wife if the property is lying in the name of your grand parents or great grand parents that to if there is no will or any other indenture written by your ancestral with regard to said property. If any will or other documents written by your grand parents or great grand parents the property will allotted to as per such document and your brother wife cannot claim and cannot have any right or title over said land. The case at session court may not be defended or pursued properly in your absence. You can defend through your Power of Attorney. You can approach the police with regards to your brother's and father's death as suspicious. The police will inquire it, but you have to show reason for delay.
Lakshmi Kanth
Advocate, Hyderabad
224 Answers
2 Consultations
4.8 on 5.0
1. You have not mentioning what has she done while claiming the share of the property and harassing all of you,

2. Your brother's ex-wife who remarried after the death of your brother has no right title or interest on your father's or your ancestral properties in any way,

3. This is a Civil matter and police has nothing to do in her support,

4. If her lawyer has sent any notice or filed any case claiming share of your ancestral properties, contest the same by engaging a local lawyer having expertise in tis field,

5. If local police creates any undue pressure on you, lodge a complaint before the local S.P./D.C and if still the pressure does not cease, file a Writ Petition against police for their creating the said pressure on you illegally. 
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
1. What case she had filed and what reply you have submitted is required to be known to understand the rwsaon for her getting favourable court order,

2. What do you want now?

3. If tile of a property flows for 4 generations i.e. from great grandfather to great grandson without any interruption by settlement/gift/sale deed, the property will be called an ancestral property for the great grandson. First find out whether your said property is an ancestral property or not,

4. File a petition before the appellate court challenging the order passed by the court lower seeking justice.
 
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0

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