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Raja   10 April 2023

ANCESTRAL PROPERTY

Sir / Madam,
My Grandfather had 42 Acres of agricultural land in his name. He had 3 Sons and 3 Daughters. Few years back my grandfather divided the property and transferred it into his 3 sons name without taking the 3 Daughters consent. In his last days they threw away my grandfather from his house. In his last days we took care of him. He died in 2015.
My query is that my mother and her 2 sisters want to take their respective share of property from the above mentioned Ancestral property.

Is it possible to file a case in this matter?

Thank you


Learning

 7 Replies

Dr J C Vashista (Advocate)     10 April 2023

How did your grandfather (Dada or Nana ji) acquired subject agriculture land in his name i.e., by inheritance or self acquired?

Transfer of title in the name of your (father uncle or mama) was by sale or gift or any other mode ?

Presumably your grandfather was your nana; in that case, your mother and mausi (her sisters) may seek partition, possession, cancellation of sale/gift deed executed by your grandfather by instituting a civil suit before jurisdictional court through a local prudent lawyer 

1 Like

Raja   10 April 2023

Sir,
It is aquired by inheritance. It is transferred to my mama by gift deed.
In 2018 4 acres of that land they sold to other people and 2 acres to KPTCL.

What about that 6 acres land?

Real Soul.... (LEGAL)     10 April 2023

If the property is Ancestral then all of the shareholders has right to property; if  he was mistreated by his sons why did not he made a will in favour of all the shareholders.

Any ways you juts file for partition and challenge the transfer of ancestral property.

1 Like

Raja   11 April 2023

Sir,
Will all persons get equal share if only one person file a case in the honourable court?

Rajinder KumarAhuja9990725300 (Advocate)     11 April 2023

Please provide the followings copies:-

1.Fard/land records in the name of your grand father.

2.Gift Deed alongwith  DathilaKharaj (change of name report) in land records

only after that you will be able to know the exact position of your stand.

1 Like

T. Kalaiselvan, Advocate (Advocate)     11 April 2023

If it was your grandfather's self acquired property then he can very well transfer the entire property to his sons alone. 

He can exclude his daughters from getting a share from it.

The daughters who were not allotted with any share cannot claim it as a right. 

Therefore your mother and her sisters cannot claim any share out of the property as a right and if they still want to file any case against their brothers in this regard,  it will not be maintainable and they will be unnecessarily fighting a losing legal battle. 

Raja   15 April 2024

Dear Sir/madam, Is there any time limit to file a partition suit in the case of ancestral property? Some people saying if 12 years limit exceeded you cannot file a partition suit in the honourable court. Please guide me.

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