Legal Question in Real Estate Law in India

in the year 1935 My nani received property via registred danpatra (madhyapradesh , Bhopal) from her husband (nana) whose property was ancestral (nana has received property from his grandfather).

At that time my mother was not born ( she was born in 1945)

Now there is a dispute between my mother and nani. We are 4 children of our mother (myself and my 3 sisters )

Q1. Now this property would be called ancestral

Q2. Do Nani have right to do the will

Q3. Do my mother have any claim on property

Q4. Do I have any claim on property

Q5. Do my son have any claim on property

Q6. Do my sister have any claim on property

Q7. or could dispute be settle out by some sort of family partition

Q8. If if could be settle out by partition what would be govt stamp duty


Asked on 2/08/11, 5:46 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

Q1.Now this property would be called ancestral

In my opinion, property is absolute in the hands of Nani, (emphasis- Women right to property act)

Q2. Do Nani have right to do the will - Yes

Q3. Do my mother have any claim on property

Only if Nani dies without making a WILL

Q4. Do I have any claim on property

If Nani dies without a WILL, you have claim through your mother

Q5. Do my son have any claim on property

Same as 4

Q6. Do my sister have any claim on property

same as 4

Q7. or could dispute be settle out by some sort of family partition

It is up to Nani, how she desire to distribute

Q8. If if could be settle out by partition what would be govt stamp duty

Not applicable

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Answered on 2/08/11, 5:54 am


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