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Regarding getting back the ancestral property from uncle

(Querist) 25 June 2016 This query is : Resolved 
Dear sir, My grandfather transferred ancestral property on my uncle's name in 1987 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. 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. The registry has not been done on his name at that time, only is had been transferred to his name. Could you please help me in this matter and advise me what can we do here to get that property as it is very valuable. Thanks in advance.
Kumar Doab (Expert) 25 June 2016
The entry in mutation record may not necessarily confer ownership.


You may obtain the entire mutation record and link documents from concerned revenue office and show the entire record to a very able counsel specializing in family/property/civil/revenue matters for a considered opinion.


Your counsel may opine to for partition suit, obtain injunction from alienation and claim mense profits.
Rajendra K Goyal (Expert) 25 June 2016
How the name was transferred?

Without knowing full case details / related documents if any, nothing can be advised. Discuss with local lawyer.
him (Querist) 26 June 2016
The name was transferred through Tahsildar office. In the land record the khasra num is in his name. My uncle also have the 'Patta' of this land on his name. In the document through which it has been transferred my grandfather signed and written that he has no objection but my father didn't sign anywhere.
Guest (Expert) 26 June 2016
Repeated question. Anyhow to which generation of ancestors the property belonged to?
him (Querist) 27 June 2016
My great grandfather inherited this property from his father.
Guest (Expert) 27 June 2016
Inherited from father means, he was the sole owner after his father and had the full right to dispose of his property in any manner he liked, which he did. Although your father did not have any legal right to claim any share during the life time of your grandfather, but had he any objection, he could raise at that time when the property was being transferred to your uncle's name.
Kumar Doab (Expert) 27 June 2016
In your first post you have not mentioned that:


"In the document through which it has been transferred my grandfather signed and written that he has no objection'


You have posted it in your last post.
P. Venu (Expert) 27 June 2016
"My grandfather transferred ancestral property on my uncle's name in 1987" How? Was it through a registered conveyance? How is that the property is ancestral?
rajeev sharma (Expert) 08 July 2016
from your query two tings are clear
1 The land in question is an agriculture land.
2 The land is not freehold but hold on Patta.
In this event the land is subject to local revenue law and we not being conversant with local laws of every state may not give you any foolproof reply. You better contact some good counsel dealing with land revenue matters


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