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  1. #1
    santhusen8 is offline Junior ILite
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    Default Legal help from any lawyers , or who's parents are lawyers

    Dear friends i need legal help from lawyers in this community

    My fathers family consists of 2 brothers and 3 sisters
    one of my aunt is elder one second is my father he is the head of the family
    as my elder aunt got married
    my grand father died in 1985 with out leaving any WILL
    my first aunt got married in 1972 , second aunt got married in 1980( she died in 1994) and has three children , and third aunt got married in 1983
    my father along with my grand father conducted marriage of my second and third aunt giving a dowry of 20000 rupees and 25000 rupees respectively

    my grand father has a big house in chennai city and agriculture land in ongole andhra pradesh , my father and his brother kept the property united untill 2003
    in 2003 my father sold his share of house to his brother and we waived our
    rights on that house in the year 2003

    coming to agriculture land this was kept under my father with pass books on his name from 1994 and my grand mother is taking the money that is being generated from the land and she is using that money for her personal uses
    now in 2011 april my father's brother ( died in 2006 )children i.e my cousins came for the share in agriculture land
    my father divided the property equally between my cousins and my father
    and my grand mother got 5 laks cash for her share and should be taken care by one of us where she wishes to stay but she is staying in chennai since 50 years so she is in chennai itself now taken care by my cousins in our house which we sold

    now we have registered the land in between us with out involving the my fathers sisters and we decided to give each aunt 5 lak rupees as part of our custom

    after we have prepared partition deed and registered the land between us
    my aunts fradulantly registered our land ten days after we have registered and sold the land to my first aunts husband

    now wat my father has done to my aunts
    my first aunt had an accident 5 years back my father gave 2 lak rupees for her medical expenses and my fathers brother son's gave 2 laks rupees
    her surgery costed 6laks , we gave 50 thousand rupees each of her son's and daughters marriage which were done before 2000
    his last son who did not get a suitable girl ,we helped him get married by suggesting a girl to him

    2) second aunt , she died in 1994 in an accident her husband is very popular contractor in banglore who died in 1993 due to his drinking habit
    before his death my father brought him to hyderabad for treatment
    he spent 20000 rupees on his treatment rehabilitation still he drank and died and later my aunt also died
    my father took the responsibility of her son's and daughters , brought them to my home she has 120000 rupees in cash which my father deposited in bank and all her immovable property have been kept in other's name so we could not get those from court
    he got my aunt sons educated with the interest from money
    and those fellows stayed at my home and all other expenses were beared by my father
    my aunt sons have paternal property but those people from paternal side were interested to get them into agriculture
    now those fellows are s/w engg all three of them
    third one is a girl my father gave 2lak rupees just a month ago before dividing our property, for the marriage expenses
    and 5 years back he gave that 1lak 20 thousand as it is for them to buy a land

    3rd aunt , my grand father bought a house and presented that to them
    which is worth 40 laks for todays value in chennai

    even after doing all this they have cheated us and fraudulantly registered our land in their name and sold it to one of the aunts husband

    that land was my grand fathers hard work he worked in a factory and pulled rickshaw to earn that money and built a big house in chennai and
    brought agriculture land in andhra pradesh where my father while studying worked hard in the agriculture land helped my grand mother he is the only one who would work in agriculture land and also studied is now a bank manager
    rest of all did not study and did not work they don't know the sentiment of the land

    after they have registered the land to my aunts husband , now that person is trying to sell the land to some one else to make quick money , when they approached quite a few person no was ready to buy the land as it is in litigation
    now they are ready to sell the land to half the market price to any goonda's or local MLA
    so that they can KABZA THE LAND and threaten us

    my father who worked in the land for 25 years before getting married who
    raised crops in that land is literally crying when they have done that

    now the land which is worth crores and is in the heart of town , my father want to build a multi speciality trust hospital in the name of my grand father but with this litigation we were in shock

    they did not even inform us before registering the land in their name and bribed the SUB REGISTRAR into registering the land in their name with out providing PARTITION DEED , LEGAL HEIR CERTIFICATE

    ITS JUST A PLAIN REGISTRATION OF LAND FOR THE SECOND TIME

    even now wat we wanted to know is does my aunts have right in the property , we met a lawyer before dividing the property , lawyer informed that according to NTR LAW 1985 , NO ONE MARRIED BEFORE 1985 have right in property

    so with out informing my aunts we have divided the land with out taking any relinquishment deed , as in our place women don't come for father property and this is the first case in that area and every one is scolding my aunts for doing this

    wat my aunts say is according to 2005 new law central govt have given equal rights to all the daughters and son's equal right irrespective of their marital status , and by birth daughters become co parcener of the property

    but when i read couple of judgement given by tamil nadu highcourt it was stated that this 2005 act would be enacted along with old 1989 act In tamil nadu
    and in andhra along with 1985

    now all of the five member in family are in good position , except for the second aunts children but they are working now and having a good earning

    I AM NOT ABLE TO SEE MY FATHER SUFFERING LIKE THIS FOR WAT MY AUNTS HAVE DONE
    I WANT TO TEACH MY AUNTS A LESSON for doing such things
    now my father is going to retire in 1 year so we are planning to go to
    court so that he wants to fight for his rights

    SO ANY LAWYER OR ANY ONE WHO PARENTS ARE LAWYERS PLZ ADVICE ME
    SHALL WE GO TO COURT , DOES OUR CASE HAVE MERIT , CAN WE WIN THE CAsE IF WE GO TO COURT ,
    CAN WE CANCEL THEIR REGISTRATION

    I WANT TO TEACH THEM A LESSON PLZ HELP ME

    WAT WE ARE THINKING NOW IS "SNAKE WILL BITE EVEN IF FEED HIM WITH MILK "


  2. #2
    flowerlady's Avatar
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    Default Re: Legal help from any lawyers , or who's parents are lawyers

    From what I could make out its a family squabble for ancestral land .
    The IPC says that all children , sons as well as daughters are equal in the eyes of law and will be given an EQUAL share in the family property irrespective whether they are needy or not.
    New laws says that even illegitimate kids are entitled to a share in the family property.
    Your property matters have become entangled due to trying to usurp the land and monies by each other legally or illegally by sons as well as daughters.
    It will be better if all sit together and find a solution to the problem instead of trying to teach lessons to each other.
    Such cases take several years to be decided and only the lawyers benefit .
    Daughters have an equal right in their fathers property , even ancestral property.
    Please consult a lawyer for fraudulent registration by your aunts.

    Since the stakes are high why not spend on lawyers fee and find out where you stand ???


  3. #3
    santhusen8 is offline Junior ILite
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    Default Re: Legal help from any lawyers , or who's parents are lawyers

    IT IS NOT AN ANCESTRAL LAND , IT IS MY GRAND FATHER SELF ACQUIRED PROPERTY he brought the land from his earning and his interest is to give the land to son's and my grand mother also was interested to share the land to son's

    we have consulted couple of lawyers and one person says women have rights and other say women doesn't have rights

    one high court lawyer says women doesn't have right and he demanded 20 laks to teach them a lesson ( police case giving money to police and local goonda's and terrorizing them ) but we don't want to do that

    lawyers in hyd are so stupid they don't know about laws they are not updated and stuck in 1980's

    i think i know better law than the lawyers whom we visited

    now we went and spoke to them , they have abused my father and my cousins and threatened us to harm our life
    they are out of normal senses

    if any one knew an excellent lawyer who could guide us properly

    we are planning to keep the land under our kabza now that is the only option left for us


  4. #4
    chitmin is offline Senior ILite
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    Default Re: Legal help from any lawyers , or who's parents are lawyers

    I'm afraid I do not have any legal knowledge that may help you. However, from my understanding, the agricultural land would be considered ancestral property since your grandfather acquired it, so according to the law, all his legal heirs (your father as well as his siblings) are all entitled to inherit it. I understand that your father is sentimentally attached to the land since he tilled it and worked on it; however, since your father was not the one to purchase the property, in the eyes of the law the property would be deemed ancestral in nature.


  5. #5
    santhusen8 is offline Junior ILite
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    Default Re: Legal help from any lawyers , or who's parents are lawyers

    Quote Originally Posted by chitmin View Post
    I'm afraid I do not have any legal knowledge that may help you. However, from my understanding, the agricultural land would be considered ancestral property since your grandfather acquired it, so according to the law, all his legal heirs (your father as well as his siblings) are all entitled to inherit it. I understand that your father is sentimentally attached to the land since he tilled it and worked on it; however, since your father was not the one to purchase the property, in the eyes of the law the property would be deemed ancestral in nature.
    agriculture land was bought by my grand father with his money and registered the land in his name , later in adangal book it was transferred to my fathers name with issuing pass book ,
    my grand father died in 1986 , my aunt did not claim right in the property because we had paid them money 25000 in dowry at the time of marriage
    at that time the property cost was less than 25000 rupees
    just in case if there is any lawyer in our INDUS LADIES , and would know about 2005 amendment of hindu succession act 1956 and who can provide me with recent judgement ruling , any cases in the recent times where similar situation has arrived


  6. #6
    flowerlady's Avatar
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    Default Re: Legal help from any lawyers , or who's parents are lawyers

    Google for the required act and judgments , you will find lots of stuff.


  7. #7
    santhusen8 is offline Junior ILite
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    Default Re: Legal help from any lawyers , or who's parents are lawyers

    I have been googling , first time i felt i should read all the law books and become a lawyer to defend my case

    only doubt i have is 2005 amendment is valid to women who got married prior to 1985 and who did not claim their right with in three years of my grand fathers death and the property rights are being held by my father


  8. #8
    santhusen8 is offline Junior ILite
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    Default Re: Legal help from any lawyers , or who's parents are lawyers

    i would like to share the law which i have gathered from the internet and after meeting four lawyers today

    1) women by birth have rights in father property according to new amendment in 2005 irrespective of marriage , both married and unmarried women have right in fathers property

    2) 1985 NTR LAW in andhra pradesh does not apply to 2005 amendment
    so NTR LAW IS VALID

    3) IF PARITION IS BEFORE 2004 DECEMBER , WOMEN DOESNT HAVE ANY RIGHTS

    4) MAJOR POINT IN MY CASE ACCORDING TO SUPREME COURT JUDGEMENT
    IN SHEELA DEVI VS LAL CHAND CASE

    IF THE FATHER WHO DIES BEFORE 2005 WITH OUT LEAVING WILL
    IN ANDHRA PRADESH IF THE DAUGHTERS ARE UNMARRIED
    1985 NTR LAW COMES INTO AFFECT
    AND IF THE daughters have been married before 1985 they don't have any rights in the said property

    so now for my case my grand father died in 1985 with out leaving any will according to supreme court judgement ( IN SHEELA DEVI VS LALCHAND CASE ) we will become sole sucessor of the property and my grand father lost his property based on 1956 hindu sucession act
    so the new amendment in 2005 does not apply to person who died in 1985
    so only person who died from 9-9-2005 his sucessor class 1 legal heirs would have rights to share in father property

    i am really happy now i can teach my aunts a better lesson


  9. #9
    DrKadambari's Avatar
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    Default Re: Legal help from any lawyers , or who's parents are lawyers

    I am not a lawyer but still sharing what i know.

    There was some law passed where it mentioned that women married before 1985 also has right in the parents property. I think this was passed in 1990. You might want to cross check
    So irrespective of what expenses your dad did on siblings marriage, your aunt is eligible for the share in her parent's property irrespective of it being self aquired property of your grandpa as he is no more. If he was there, then he could opt not to share the property to girls as it was self acquired. Now that he has passed away without a will, aunts have all rights on all the property that your grandpa has left behind without sharing, and so does your father and other siblings.

    What your grandfather did during his life time i.e the land he gifted his daughter and all is not considered when this issue goes to case. The only thing that comes up is with respect to the unshared property thats there in grandpa's name.

    You can go to court and get a stay on that land and put up a board at the property that its underlitigation. i understand that you mentioned that they are trying to sell to MLAs.. these folks usually buy such litigated lands... so that part i dont know much

    And what ever your father spent on your cousins does not come to count in civil cases. More over your father spent out of the 12L deposit interest.

    So baseline all siblings(even girls) have equal share in that property...

    And i am glad u collected so much information but what would you do with it... go to court and put a case, these civil cases would go on for 20 to 25 yrs... nothing would happen in day or two... the one who benefit is the lawyers...


  10. #10
    santhusen8 is offline Junior ILite
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    Default Re: Legal help from any lawyers , or who's parents are lawyers

    Untitled Document

    this is an article written by a noted lawyer and SUPREME court have given a benchmark judgement in SHEEL DEVI vs LAL CHAND case

    YES I WAS SAYING THE SAME EVERY CHILD HAS EQUAL RIGHTS ACCORDING AMENDMENT ACT 2005 OF 1956 HINDU SUCESSION ACT OF SEC 6

    WELL SAYING THIS SUB SECTION 3 CLEARLY STATES THAT FATHER SHOULD BE ALIVE ON THE DATE 9-9-2005 for women to get her birth right
    a law is always prospective not retrospective

    THE RECENT AMENDMENT HAVE SO MANY FLAWS , ACCORDING TO CONSTITUTION
    WHEN THERE IS CONFLICT OF INTEREST BETWEEN UNION LAW AND STATE LAW AND IF BOTH ARE IN THE SAME DIRECTION
    STATE LAW WILL HAVE PREFERENCE

    coming to my father spending 1.2 laks rupees , how much interest does 1 lak rupee generate in bank 600 rupees per month ,
    wat would be cost of living in hyderabad for 3 children , how much money would a private school take, and private colleges take , we have spent lot of money on them , if did not took care of him and if we have saved money to buy some lands at that it would have been in crores now
    and my father has returned their 1.2 laks after they completed their studies
    and gave additional 2 lak rupees for the marriage of my cousin my aunt daughter

    in my home town there is no culture of women coming for share in fathers property because we gave adequate dowry to my aunts at that time which is worth the value of our lands at that time

    now according to law there is no right to women till 2005 so wat we do is we try to give money to my aunts now and than so that they will be happy thinking that we will get our property

    now my aunts did not give share to their husband sisters , and my fathers brother wife is my aunts husband sister
    its like we can cramp one of my aunt and she could be thrown out of her house which is ancestral property of her husband
    there is no culture in our place where women come for property
    no one not even our aunts will accept that , but still they have cheated us

    see one more thing is how could they sell a land which my father wants to construct a no profit no gain hospital and he conveyed the same to them
    its nothing but to create a litigation


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