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Unlawful registration of ancestral property by sons without permission
17-Oct-2023 (In Family Law)
My grand parents who had expired recently held an ancestral property in the district of West Godavari district Andhra Pradesh. They had 4 sons and 5 daughters. Now, these 4 sons together conspired to usurp the property without daughter's consent. They had been threatening their sisters to sign on the white and registration papers. They were even successful to force the youngest daughter to sign against her wish. Now, they are planning on visiting registrar office to register the property as well. The daughters had telephoned the registrar and informed him of their situation and their inability to visit the locality. But the registrar mentioned he couldn't hold the registration and will continue providing documents to the 4 sons. please advise on following questions on this premise. Questions: 1) What should the female descendants do at this juncture? 2) Why can't the registrar halt/terminate the registration? 3) will the property become their's if they register it?
Hi
Subsequent to the passage of Hindu Succession Act (Amendment) in the year 1986 by Shri.N.T.Rama Rao, women have equal rights as men in ancestral properties also.
So technically after 1986 women have equal rights as men in both self acquired properties and ancestral properties .
Now in your case all properties are divisible in to 9 shares as succession opened on the date of demise of your grand father.
Registrar has no powers to halt/terminate a registration unless and until there are court orders restraining him to do so.
Even if the 4 brothers register the properties, it will not become valid as other legal heirs have not signed the partition document.
So as a next step, you have to apply for a suit of partition and obtain injunction orders against the 4 brothers and the registrar not to register or alienate the property till such time the issue of partition is settled.
Subsequent to the passage of Hindu Succession Act (Amendment) in the year 1986 by Shri.N.T.Rama Rao, women have equal rights as men in ancestral properties also.
So technically after 1986 women have equal rights as men in both self acquired properties and ancestral properties .
Now in your case all properties are divisible in to 9 shares as succession opened on the date of demise of your grand father.
Registrar has no powers to halt/terminate a registration unless and until there are court orders restraining him to do so.
Even if the 4 brothers register the properties, it will not become valid as other legal heirs have not signed the partition document.
So as a next step, you have to apply for a suit of partition and obtain injunction orders against the 4 brothers and the registrar not to register or alienate the property till such time the issue of partition is settled.
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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