Legal Question in Family Law in India
My grandfather migrated to India after partition and he was allotted agricultural land and house in Punjab. My grand father had gold business in Pakistan and
he started the gold business in Punjab also in his name.
My grandfather also bought some more land from profits of agricultural income and gold business.
My grandfather died in 1998 and all property transferred to my father because he is only Son.
There were two houses, Gold business in name of grand father, and all this also transferred to my father.
I have evidence of kursinama for agricultural land where there is name of father, grandfather and great grandfather is mentioned,
I have evidence in MC records HOUSE TAX ( ALL FILE ) where when my grandfather gold business started in Punjab is mentioned and Two houses in name of my
Grandfather.
So, all property transferred to my father because he is only SON.
We are three sisters and one brother. My father died on 2010. My brother(youngest from all) is showing the unregistered WILL to us. In WILL all three
daughters are excluded and all property is in the name of my mother and my brother. The WILL wrote in 2002 in plain paper( not registered) and my father died
on June 2010, and WILL signed by notary on JULY 2010, and Shown to me August 2010.
As per 2005 HSA, girl is coparcener.
SO, my questions are if it is proved all property is ancestral ( Land & Business)
1.How will be karta . if elder sister is exparty to case than second daughter will be karta.
2.How I can get share in business, stock invoved and profit from business.
3. How I can come to know the profits of agricultral income.
2.Can i get permanent injuction restraing defandants from selling, mortgage or transfering property.
3. can my mother has a right in ancestral property, means I have one fourth or one fifth share.
4.. If I have 1/5 th than when I can claim right in property transfered to my mother after my father death.
5. can my mother make a WILL on ancestral property transferred to her after my father death.
1 Answer from Attorneys
you need to file a suit for partition and mother can make a will regarding the undivided share of the ancestral property regarding her share only.