Property rights -question -father -prevnt from cheating
Prasath
(Querist) 27 August 2016
This query is : Resolved
Sirs,
Please do help .......
I am in TamilNadu.My great grandfather had cultivating land & home+attached land
My grandfather have 4 sons & 2 daughters ,my father is 3rd son.When my grandfather died 12 years ago they sold cultivating land and they cheated my dad not giving equal money gave some very small amount,since my father was very soft person he accepted
Now my grandmother had died 6 months and Now I am grownup & want to help/support my father in getting equal share for him in home+attached land ,No will was written for the home by my grandmother/grandfather
What approach can I take ? Any specific law or bond can be signed
Please do guide and help
Prasath
(Querist) 27 August 2016
Waiting for suitable response and guidance
Kumar Doab
(Expert) 27 August 2016
It is believed that you are Hindu.
The succession opens on date of death.
If the property in the hands of your grandfather was self acquired/earned then it shall devolve upon ClassI legal heirs ( Mother,wife,sons,daughters) as on date of death.
Ideally all legal heirs name should have been entered in mutation records by right of inheritance and death certificate/legal heir certificate should have been submitted to revenue official/office.
All legal heirs should have signed for sale.
Since your father is alive and if property is self acquired/earned, you have NO share.
You can take side of your father to support and your father can claim his due share.
adv.bharat @ PUNE
(Expert) 28 August 2016
Prasath
If the property in the hands of your grandfather was self acquired/earned then it shall devolve upon ClassI legal heirs ( Mother,wife,sons,daughters) as on date of death.
You can take side of your father to support and your father can claim his due share.
Rajendra K Goyal
(Expert) 28 August 2016
Author has not provided material information.
Who, when, how acquired each property, how and when it came in the hands of your grandfather?
Whether any property was in the name of your grandmother?
When your grandmother and grandfather expired?
Whether any document(sale deed / settlement deed / partition agreement etc.) was signed before the registrar or otherwise, by your father?
Please show all documents to local lawyer and discuss.
However, self acquired property of your grandfather would be inherited by all his sons, daughters and your grandmother. While any property of your grandmother would be inherited by all her sons and daughters.
Raj Kumar Makkad
(Expert) 28 August 2016
I think author has provided all necessary information. The old chapter when the share of your father along-with many other legal heirs of your grand-father was also sold, however, very lesser part of sale-proceeds was given to your father, cannot be opened now. It is a closed chapter.
Now come to your real problem. Your grand-mother has also recently died and she had also left some agricultural land. Your father shall inherit equal share in that property left by your grandmother.
Your father is required to file a civil suit for partition and possession before the local civil court within whose jurisdiction the mentioned property situates.
Kumar Doab
(Expert) 29 August 2016
Another perspective.
'Ideally all legal heirs name should have been entered in mutation records by right of inheritance and death certificate/legal heir certificate should have been submitted to revenue official/office.
All legal heirs should have signed for sale.'
If your father vested NO power in others to sell, his share was not to be sold.
Show all documents to a very able counsel and check if there is any possibility and merits and options.
Or apply your own skills to resolve amicably.
Or forget and don't rake up the issue.
