quesHow to claim my share in maternal ancestral property

I have ancestral property (Residential) in U.P which belongs to my maternal grandfather and was self acquired by him. After 10 years I have come to know that my mother and her sister were made to sign some NOC type document, 10 years back, by misguiding them, based on which their brother got the entire property transferred on his name including name in Municipal corporation records and now when things have opened up, he is denying ours as well as share of the sisters. He has also refused to provide any of the signed documents by sisters. Can u please help me in guiding as to which process

  • ansIy it is an ancestral property then you can file a case for declaration seeking your portion of the property. If your uncle has mutated the names in the property card and other departments it is very difficult to change the same.

    Since your mother would have relinquished her share towards your uncle names, the only remedy now is to file the suit claiming that the signed documents are not signed by your mother or were signed by misguiding them.

     

     

  • ansTransferring the property in municipal department records will not give ownership to owner. This process is know as mutation which is basically change of taxpayer information.However, mutation of title in government records does not imply that the legal title for the property is in the name of the person in whose name the property tax records have been mutated.
    So we suggest you to file suit for partition thereby demanding your mother share.

    Advocate Sudershani Ray

      Kailash Hills, Delhi

  • ansIF you have the ancestral property then you can file a case for declaration seeking your portion of the property,if your uncle have mutated the names in the property card and other departments it is very difficult to change the same ,since your mother would have relinquished their share towards your uncle names,the only remedy now is to file the suit claiming that the signed documents are not signed by your mother .

    Advocate Ritesh Isaac

      Bengali Market, Delhi

  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Property Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
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