Legal Question in Civil Rights Law in India

From: 23rd May 2013
Mrs.Srimathy Ramesh
Plot No.59 B.T Nagar, Chinnasamy Street
Kolapakkam
Chennai 600 122
Ph: 98406 57549 � [email protected]

To
Law Guru

Dear Sirs
My father belongs to Tanjore District and my mother belongs to Chidambaram. My mother�s birth place is Srimushnam, (which is near Neyveli and Chidambaram).
My Mother�s family is consisting of 1 brother , my mother, and 6 sisters. Out of the 8 members of my mother�s family, now only 2 sisters and 1 brother is alive. My grand father has a big house with some vacant land in Plot No.Old No. 62, New No.82, Sannathi Street, Srimushnam. It was not earned by my grandfather Krishnamoorthy Iyengar and it is his father�s �Vedantham Iyengar�s earnings.
Vedantham iyengar (My grand father�s father) has given some lands and a house to Krishnamurthy Iyengar (my grand father) in the year 1937 stating that Lands may be used for all the daughters marriage(i.e vedantam iyengars grand daughters).
Vedantam Iyengar has registered the house as Gift to his wife Kanakavalli. Later My mother�s mother (kanakavalli) Registered the house in the name of his grandson Srinivasan in the year 1953 . Now Srinivasan is the sole owner of this property and enjoys.
Is there any rights to my mother and the 2 auntys in that house? My mother passed away in 1972 and after that we visit very rarely to my grand father�s place.
My uncle (who is the brother of my mother) has married one of his sister�s daughter 30 years back and my uncle is managing and enjoying the property all these years. Two of my aunties are not married and staying in that house. My uncle says there is no compulsion to give share to his sisters as the house was gifted to him only, by his grandmother. Is that right?
Apart from the above, during my mother�s marriage around 1945, she was gifted a land as SRIDHAN WHICH IS CALLED MANJAKANI NILAM. But in the year 1962 my grand father has taken back the gifted land by way of VIDUTHALAI PATHIRAM from my mother forcibly. We do not have any document to this effect and when I asked about this to uncle he said he has no documents. Please guide us what should we do further.
Thanking you.

Asked on 5/22/13, 3:52 am

2 Answers from Attorneys

Fca Prashant Chavan Expert Edge LLP

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22.05.2013

Dear Madam,

The title of the owner by way of a gift or Will transfer is absolute irrespective of whether the house property that has been transferred in his / her name is self acquired or ancestral. Your uncle is the absolute owner of the property by way of the gift from his grandmother and there is no compulsion on him to give any share to his sisters.

Regards,

Answered on 5/22/13, 4:08 am

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