Father registering grand father's property

karthik (Querist) 23 October 2014 This query is : Resolved
My grand father got 4 acres of land and died without writing any will.My father registered 1 acre to his sister without asking me.(Offcourse i am 15 months minor during that time)Now can i claim for that acre?(My father have got severe drinking habit.Using that weakness they made him accept for the registration)

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Anirudh (Expert) 23 October 2014
In which year did your grand father die?

Besides your father and his sister, whether your father also got any other brother/sister?

In which year your father gave 1 acre to his sister?

How did your grand father get the land? (i) Did he purchase it himself or (ii) he got it from his father?

If he got it is from his father, then in which year he got it from his father?

karthik (Querist) 23 October 2014
8yrs back my grand father have passed away.Then my father registered the land about 4yrs back.The land was purchased by my grand father.My father got it as a heir.My father have 2 sisters.

Anirudh (Expert) 23 October 2014
When your grand father has purchased the property himself, it is his self acquired property.

When your grand father died without making any WILL, then the entire property has to be divided equally amongst all his legal heirs. His legal heirs are his wife (if alive), and all his son(s) and daughter(s).

Now it appears that when your grand father died, his wife was not alive. That means only your father and his two are his legal heirs. The 4 acre land has to be divided into three shares equally i.e. 1.33 acres each.

You have no legal right to say anything in this regard (whether you are minor or major). Even when your father is not having a drinking habit, then also he is bound to give their share to his sisters. Now the other sister can also demand her share. Therefore, please do not get into any presumption that your aunt has cheated your father because he is having drinking habit and using that weakness she got 1 acre for her. It is your aunt's right. In fact she has been given only 1 acre instead of her entitlement of 1.33 acre.

karthik (Querist) 23 October 2014
actually their share has been distributed to them during their marriage as dowry and the remaining 4acres is meant as our share.So i have used the term cheated.Now is there any way left for me?

ajay sethi (Expert) 23 October 2014
self acquired property of your grand father has not been distributed among his daughters . gifts given at time of marriage would not disentitle your aunts for share in father property . agree with MR Anirudh no case for cheating is made out . you have no rights on said property

Raj Kumar Makkad (Expert) 24 October 2014
Your father cannot inherit entire share of your grand-father as he is also having two sisters and it shall be equally distributed among three but you have mentioned that your father alienated one acre land by way of a registered sale-deed in favour of her sister. It means that the share of your aunt is intact and she has also purchased one acre land from your father by paying him its value. She has thus become owner to the extent of 2.33 acre and your father has now only .33 acre of agricultural land in the above-noted issue.