Advocate Ranjani

Questions Answered by Advocate Ranjani

Q: Court auctioned ancestral property - Can a legal heir file case?

My father and grand-father joined a chit funds group and as a security for repaying the chit amount they mortgaged the ancestral property in 1980 as security in favour of the Chit company. Later they failed to repay and the chit fund company went for civil suit in 1982 (I was born in 1983) asking for auctioning and my ancestirol property got auctioned and purchased by non-other than the husband of chid fund owner. In Dec 2011, the chit fund group filed a E P for our land and all these days they claimed that they are in the symbolic possession of the land.Can i go for a suit asking for division of my ancestral property and get my share.

Advocate Ranjani answered
how many members are there in your family?whether all the members of the family were aware regarding your father and grandfather joining the chit fund?whether the property was mortgaged with the knowledge and assent of the remaining members of the family?

Q: want to acquire the splitting of land belongs to my ancestors

We have a land of 32 cent in marur,villupuram that is in my grandfather's name my cousin brothers have take it and splited between them and not responding for my words I want my share of mine and my brother pls help with it

Advocate Ranjani answered
is he your paternal or maternal grandfather?is it your grandfather's ancestral property or self acquired property?only based on the answers to the above questions further decisions can be made accordingly. because, if it is a self acquired property of your grandfather, his de decision is final provided it is not an intestate property.

Q: Who should retain property document

My father expired August 2020 and my father expired September 2020. My only brother expired 3 years before. His wife and his minor son are staying in my father's house. I am the only daughter who is alive. There is a house in the name of my father and flat in the name of my mother. Who should maintain the property documents. Either me or my brother's wife.

Advocate Ranjani answered
as per Hindu Succession Act, 1956, both of you have equal rights over your parents' property as both of you fall under 'Class 1 Heirs'assuming the property as intestate, both of you have equal rights.

Q: Daughter rights in father property

Respected Sir, I need your valuable suggestions on my mother issues, were my mother grandfather has few agriculture land and home property and it's been settled to his four son equally using a kurra cettu- local agreement during 1966. In that one of the son is my mother father and for him family members are 3 sons and 2 daughter (including my mother). Recently came to know that my mother father executed a family settlement to the sons equally and my mother and his sister not aware of it and registered in register office on 2013. Do we(my mother and my mother sister) have any rights to fight as the property came from the grandfather considering as ancestor property?

Advocate Ranjani answered
your mother's grandfather had certain agricultural properties and the same was partitioned and distributed to his children and your grandfather was one among those who received the property. once an ancestral property is partitioned, the property will be treated as (your father's) self acquired property (and will not be treated as an ancestral property ).And once the property becomes self acquired, daughter's rights cannot be questioned. Therefore, your mother cannot claim her right of the property is a self acquired one.

Q: Someone trade marked my company name to their product

Sone has recently applied trade mark with the name which i am using as private limited. For Example My company name is jiikl private limited some one else has did trade mark Neom jiikl But I have nearly 19 trade marks in different classes under the name example jiiklSome recently made under different class which I did not apply with my name neom jiiklTell what to do and the chances to get if I object them

Advocate Ranjani answered
1. under what class or classes has the trademark been applied?2. is it phonetically and visually similar to yours?3. from when they have being using the mark 'jiikl'? and when is your date of use?4. has your mark been registered?5. if not, what is the status of yours and his mark (right now)?