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How to get ancestral property from uncle which is in his nam

Querist : Anonymous (Querist) 26 June 2016 This query is : Resolved 
Dear sir, My grandfather transferred ancestral property on my uncle's name in 1984, so that he could get loan, but my father didn't sign any document that time. Now my uncle is denying to divide the ancestral property with my father. The 'Patta' or the title deed is in his name. He is also saying that he has again taken loan from that property. It can be a lie. He is in no mood to divide the property and thinks that only he has the right on that property.
We have the entire record collected from the revenue office. On that transfer record only my grandfather signature is there, but now on the khasra number my uncle's name is there and he also have the patta for that land. I also want to tell you that it is an agriculture land. Waiting for your valuable suggestion sir and want to know that if we can get our part in this land. If we go to the court how much time it can take to get the decision and if we won the case will my uncle have to pay all the expenses of proceedings.
Thanks in advance.


Sudhir Kumar, Advocate Online (Expert) 26 June 2016
Your father should have challnaged this in 1984.
R.K Nanda (Expert) 26 June 2016
No reply to aq.
Querist : Anonymous (Querist) 26 June 2016
He didn't challenge then, he thought that my uncle will give him his part when the partition of the property will happen, but now my uncle is claiming that it is his property. Now what we can do. Please suggest.
Guest (Expert) 26 June 2016
Which generation of ancestors the property belongs to?
Rajendra K Goyal (Expert) 26 June 2016
No reply to query from anonymous.
Sudhir Kumar, Advocate Online (Expert) 27 June 2016
if transfer was not challenged in time then forget now.

it is mercy of your uncle if he can give some share now.
Querist : Anonymous (Querist) 27 June 2016
The property belonged to my great grandfather
Querist : Anonymous (Querist) 27 June 2016
My great grandfather inherited this property from his father.
Guest (Expert) 27 June 2016
The property was inherited by your grandfather from his father. So, there was no illegality, if he transferred the property to one of his son, i.e., your uncle. Had your GF not transferred his property to your uncle during his life time only then your father could claim his due share.


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