Legal Question in Real Estate Law in India

Dear Sir/Madam

Thanks for your co-operation over the phone. I have received your details on www.lawguru.com

I HAVE QUERIES RELATED TO OUR ANCESTRAL PROPERTY NEAR VILLAGE NEAR BHIWANDI CITY. I HAVE CERTAIN QUERIES WITH AND WISH TO ATTACH THE DOCUMENT OF FAMILY TREE WHEREIN I AM LOOKING FOR SHARE DISTRIBUTION AND SETTLEMENT OF THE SAME.

1. Do I lose the ancestral property rights since I am converted to Christianity from Hindu in year 1993?

2. This land property belongs to my grandmother (my fathers mother, she had 5 children consisting 3 sons + 2 daughters and all are dead now), will this be shared in FIVE equal portions? Now we all are 26 heirs of these 5 original heirs, but 2 daugthers heirs (means my aunts) name are not appearing on 7 x 12 extract yet.

3. Out of 5 Heirs, 2 daugthers heirs name are not yet appearing on 7 X 12 extract, so do I need to apply compulsorily for their names to appear on 7 X 12?

Can I take a property transfer or release deed in my favour from them?

4. Is there any way out that I take their before hand consent to sale off or release off their right to this property even before applying to talathi/tahsildar for their names to appear on 7 X 12 extract? This is just to control the situation since once 7 x 12 extra bear their names, they may demand or do not co-operate with me.

5. Can I sale of my share of property to any interested property without consent of other co-owners? Will such sale or transfer document will be registered by the dy.registrar? Please note property is not divided.

6. Can I take transfer of rights from these 2 sisters (my aunts) heirs on my name and can same transfer of rights document can be registered in my name without objection or consent from any other co-owners ?

Please provide your best guidance, I need your advise wherein documents can be registered and control the situation in my favour.

Regards

Manish Lone

22710653


Asked on 10/19/10, 1:58 am

1 Answer from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you cannot take an action under Hindu Succession Act but have to resort to indian succession act. due to conversion, your case may not be strong.

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Answered on 10/21/10, 3:10 am


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