Legal Question in Real Estate Law in India

a property purchsed by my great grand father. my grand father got a share in 1960
a house only. the house is in my grand fathers name. my grand father has two sons and daughters. my grand father wrote a settlement deed in favour of my father in 2002. my grand father expired in 2010.
the other sons and daughters filled a suit for partition ? in 2011.
our layer said the settlement is invalid because the property in your grand father's hads is ancestral. as on date the property was unpartitioned so, daughters also can get a share. you can get one more share only.
please tell me my grand fathers settlement is valid.

Asked on 2/12/13, 2:19 am

4 Answers from Attorneys

Sanjay Kalra Sanjay Kalra & Associates

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Your lawyer has told you the correct position in law. The settlement is invalid . Your Dad has 1/3rd share in your Grand fathers property.........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.

Answered on 2/12/13, 2:32 am

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Jayesh Desai Jayesh Desai

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Your lawyers' advise seems to be correct; he has access to all papers. Subject to that the property can be classified as ancestral. If for any reason it cannot qualify as ancestral then the advise is incorrect.

Answered on 2/14/13, 12:31 am

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