Advocate Komala J

Questions Answered by Advocate Komala J

Q: Distribution of ancestral property after the death of father

Sir my dad died in 2018 jan. We r 3 kids...my brother and 2 sister....we have ancestor property...both the sister got married in 2003.2004..can we get equal share in ancestor property or how much we shpuld get...

Advocate Komala J answered
hiif the ancestral property you are all equal share including your sisters in your ancestor property. the latest judgment had been passed so you three are all equal share in the ancestor property.you are three have equal right, title and interest over the ancestor property.

Q: Missed some property in the schedule

Hi my father having 4 brothers and they got divided on 1988 but they made schedule the property on 2003 and my father has purchased 4 acres land on 1988 and they didn't include in the schedule now my uncle is planning to put case on this 4 acres, they are asking share but it's my dad own property could you please advise me what I need to do,

Advocate Komala J answered
in the year 1988 whether your father purchased the 4 acres of land from family fund or own earned money. first you clarify that and then check why they didn't include the said portion in the partition and clarify any statement made by your father in the said partition deed about the said 4 acres of land.if the property purchased from your father's own earned fund they cannot not claim.

Q: Father dead, we 3 brothers want to divide property equally

After my fathers death land is changed into my brothers name in land passbook in 1985. we are 3 brothers. now we want to divide equally. what is the process since its in my brothers name

Advocate Komala J answered
First you can find out how your father acquired the land whether he acquired land through a grant or purchased? Second you can transferred the Katha/mutation of the land jointly and if there are any sisters and mother they have also right over the property. Thirdly you are all divide the property equally by executing registered partition deed before the sub-registrar.

Q: What share does granddaughter have when property is given to grandson?

My grandfather had wrote will only on grandson and he had died. Can grand daughter can get the share on the property

Advocate Komala J answered
If grandfather's self acquired property he can sell or gift or WILL as his wish. Grandfather executed WILL only in the name of the grandson after the death of grandfather then grandson will be an absolute owner of the property. Therefore, WILL in the name of the grandson granddaughter will not get any share in the grandfather's property.

Q: Fraud allegation for selling of property.

my husband has two and half acres agri land 30 guntas land and a house in a village and a house in town my husband ,his brother and his widow mother are parties.In the town house mother is staying but after his father whether the house is in her name or whose name dont know.They are saying that my husband sold 1acre moe than his share which was 100000 at that time now it is more then what will be our share.we are hindus

Advocate Komala J answered
how your husband acquired the agricultural land and clarify land and houses are in your husband name or your father-in-law name. there confusion regarding holding of the properties. Send proper facts of the case otherwise will not able to answer legally.