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How can i claim my ancestral property for my equal share legally
17-Sep-2023 (In Property Law)
Sir, my father's Grandfather had bought a property and registered it in his name. My father has an younger sister and an elder sister. When my father was in service in army, his sister had acquired an UDR Patta for the land, and after some years she had made a settlement of the land in favor of her daughter. Is it legal? What should we do further to gain or share legally?
As per your query, i understand that the property belongs to your grandfather and your grand father has one son (your father) and two sister. Since it is self acquired property of your grandfather, your father and his sister have equal share in your grand father property. So, a patta cannot confer absolute title to one sister and she has no right to settle the property absolutely to her daughter. So, you have to challenge the settlement deed.
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Adv. Dhalapathy Vignesh Kumar
Chennai | 25+ Answers
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This opinion is share purely based on your query, If she had made settlement for entire property it is illegal, if she had made settlement only for her share, is tenable, your question sounds that she had made settlement for entire property, so suit for declaration to call settlement deed null and void, as she is eligible only for 1/3 share, patta is not valid document for transfer of property, it is only supporting document. Opinion may differ on obtaining clear details about family tree.
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Adv. RS Raghavan
Chennai | 100+ Answers
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