Legal Question in Real Estate Law in India

Dear Sir,

We are living in tamilnadu

My grandfather�s father bought all properties. My grand father and his father and brothers partitioned the properties in 1965. My grand father and My grand father�s father and his brothers were doing family business. In that partition deed my grand father got a house and some lands with mortgage loan on it. The loan amount is 1/3 of the property value.

My grand father has 2 sons and 2 daughter�s.

All are married before 1985. my grand father sold all lands without his sons knowledge Before 1990.

In 2002 My grand father wrote a settlement deed for the whole house in favour of one of his son�s son.

(grand children).

My grand father died in 2010. In 2011 another sons son and my grand father�s daughter�s filled a suit for partition.

My grand father paid the mortgaged loan with his self earned money after some years.

Is it ancestral or self acquired property to my grand father ?

Is he has power to write a settlement deed for the whole property.

Now my grandmother and 2 daughters and 2 sons alive. How will the property divide.

here in our town a layer said as on date the property was not partitioned so each get equal share.

is it write?

Thank U sir for your valuable reply


Asked on 3/03/13, 8:56 pm

3 Answers from Attorneys

Sanjay Kalra Sanjay Kalra & Associates

The answer to your questions are here in below:-

1) Self Acquired for your Grand father

2) Yes

3) Challenge the settlement Deed or will before court

Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.

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Answered on 3/03/13, 11:26 pm
Fca Prashant Chavan Expert Edge LLP

04.03.2013

Dear Sir / Madam,

Since your grandfather's father brought all the properties, the share of your grandfather is part of ancestral property.

All the legal heirs have an equal share in the grandfather's ancestral property.

Your grandmother and her two sons and two daughters will each be entitled to a 1/5th share in the property.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at [email protected])

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Answered on 3/04/13, 4:35 am
Shrichand Nahar S.V.Nahar, Advocate

Too long query. Consult your lawyer with all details.

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Answered on 10/07/13, 12:53 am


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