Right on ancestral property
jayshri
(Querist) 14 December 2015
This query is : Resolved
My Grand father purchase the agricultural land on one on my father name , second on my bade chachu name and third & fourth land on chote chacchu name . He also has one main land on his name(total 5 agariculatural land) . He died in 1983 , but in 1982 my grandfather gave in written to both my chacha their share from the hole property which was signed by them and two witness (from the village ,grandfather friends) from my grandfather earning (as we where having joint family till my grandfather was alive).Balance whatever property left it is implied it is of my father .
One land which was purchased in my chote chachu name in 1981 by my grandfather ,was given to my father .but my chote chachu is denying from giving to us .
Can you suggest and help me hw can we get the right on land as in last month my father murder has happened in our village only when he gone there .
P. Venu
(Expert) 14 December 2015
It appears that you have not disclosed all the material facts.
Kumar Doab
(Expert) 14 December 2015
Do you mean that your grandfather has left a WILL?
If yes who has the original WILL?
Your grandfather can not give the land that is not registered in his name by WILL to anyone else.
The land that is registered in the name of your father shall devolve upon your mother, children except in case local laws bar the transfer of agricultural land in the name of married daughters as in UP/Uttranchal due to UPLAZR Act.
You may show all of the docs on record to an able counsel specializing in such/property/family/civil matters and well versed with local laws.
Rajendra K Goyal
(Expert) 15 December 2015
Whether the share in land was given to your chachu through registered deed, if not the gift is invalid and whole land belonged to all legal heirs?
If it was given by registered deed, balance land belong to all legal heirs, your father does not inherit full land automatically.
The land registered in the name of individual is their property.
T. Kalaiselvan, Advocate
(Expert) 24 December 2015
