Agricultural land of grandfather

Guest (Querist) 20 June 2018 This query is : Resolved
Dear sir/Madam

Good Day & Greetings

Myself only son to my father and he is having one elder brother who has no children.My father is having 06 acres land with patta,my father brother-06 acres with patta,grandfather having-3.45 acres with patta passbook.My grandfather has expired twelve years ago then without information to us 3.45 acres of passbook transferred to grandmother by my father brother and he got crop loan.Even a single paisa has not given to us in that .Later six years back my grandmother also expired,but till now 3.45 acres not divided by him and refusing to transfer to us as existing loan to be paid.This total land was divided in randomly i:e; not sequentially partitioned, one portion to my father,other to them

Note:This land is my great grandfather's not earned by my father/father brother.Recently my father also expired.

Even though he is not having children he is troubling us ,I think I will be legal inheritance to both my grandmother & father brother property. Please suggest how to proceed legally.

Thanks & Regards

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Vijay Raj Mahajan (Expert) 20 June 2018
This whole was ancestral property that got partitioned among your father, his brother and grandfather.
Grandfather portion inherited by grandmother, by two sons but went to her by the consent of both sons and after her death her heirs include your uncle and you the survivor of your father, each getting one share each.
You can claim that one or half share in the property of grandmother.
Your being legal heir of your uncle's property if he dies without making Will, if he makes a Will than you won't get his leftover property.

Kumar Doab (Expert) 20 June 2018
Which personal law applies in your case?
Are you all Hindu?
Did deceased grandfather leave valid WILL?
Was WILL duly acted upon with NOC/consent of your father and all other legal heirs?
Did your father sign NOC/consent as per LOCAL revenue codes , valid/registered deed to transfer the land in the name of your deceased grandfather to your deceased grandmother?
Did you ask and confirm from your father?
Your query conveys as if your father has not signed any such NOC/consent valid/registered deed?

Confirm!

Kumar Doab (Expert) 20 June 2018
Succession opens on date of death; by inheritance or by testamentary succession ( by valid WILL).
In case of Hindu male dying without disposing her estate/property in her life time by a valid/registered deed the 1st right is of ClassI legal heirs ie.e Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters……

In case of deceased Hindu woman dying without disposing her estate/property in her life time by a valid/registered deed ClassI,II is not applicable rather nature and source of property matters.

If the property is self acquired/earned/absolute in the hands of Hindu woman the 1st right is of her husband (if alive as on date of death) and sons, daughters…………
If property is acquired from husband side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of husband..
If property is acquired from parents side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of father..

How could paternal uncle get crop loan without consent of title holder (your grandmother)?

Kumar Doab (Expert) 20 June 2018
It is mandatory to probate the WILL in the areas of Bombay, Calcutta, and Madras.
It is not mandatory to probate the WILL in othee areas. It is not mandatory to register the WILL.
The WILL should just be valid. Unregistered WILL can be acted upon.
The last valid WILL prevails.

The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Death certificates, legal heir certificate/affidavit (per local procedure-precedence) are basic requirements. Then authority shall act upon and transfer the ownership in the name of legal heirs. Obtain copy of updated mutations records showing share of legal heirs. This grants rights equal to that of owner to legal heirs. All legal heirs are at liberty to relinquish/release/transfer/gift/sell their share in anyone’s favor.

The authority under whose jurisdiction property falls has a set procedure for such matters if the WILL has surfaced; Testate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. The authority may ask for NOC from legal heirs (other than beneficiary) and/or to release newspaper advt and/or may write to legal heirs to submit their objections if any within set time.

If there is NO contest to the WILL by any legal heir then authority shall act upon the WILL without any cloud on it and transfer the ownership in the name of beneficiary.
If WILL is contested it lands up in probate court of pecuniary jurisdiction. The court shall decide on validity of WILL.
The legal heirs may also consider perspective of registered family settlement after the WILL and register it.

Check locally for compliance with procedure. Thereafter concerned official in the O/o Authority e.g; Patwari, shall act upon the matter and transfer the ownership by inheritance/probate in the name of legal heirs in mutations records.
Thereafter obtain copy of updated mutation records.

If WILL is not submitted to be acted upon then it becomes matter of succession per personal law that applies.
Although it is wrong since the WILL exists.
Obtain mutations records with all link docs, and check for compliance with procedure.

You will get clear idea what has happened.

The lender has a charge on land till debt is fully paid.

Ms.Usha Kapoor (Expert) 21 June 2018
Your grand father partitioned your ancestral property in to 3 shares. To him. to his 2 sins(your Father and his brother).). after your grand father's death with the consent of her 2 sons(your father and uncle) your grand mother got a share o9f your grand fathers property as per wish f your Grand father. After the death of your grand mother and your father you, (your deceased father's heir) an d your uncle got one share each There is a possibility of getting 1 or half of your grand mother's share by you. If your uncle dies intestate..If he writes a will then you wont get anything.