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Krishna   01 December 2015

About ancestral property

Dear Sir,

      I am from Hindu Family. My Father got an Ancestral property from my grandfather ,My Father passed away some years back and grand father passed away some time around 1985. Some of the properties were registered to my father in 1982 and some of them were in grand father name but given to us during partition(in 1981) and they were not registered to my father. They were in our posission from last 35 Years.

we have all the land tax receipts for them and passbooks.

My Grand mother was staying with an uncle and She got her share of the properties in 1982 from my grand father through registration. Luckly in of the registration papers (from 1982) of grand mother Grand father mentioned that he got partitoned with his son and he mentioned that After the partition the share he got was registering to his wife(Grand Mother).

We found that recently she started registering our share of property that we got from grandfather ( for the lands that were not registered to my father) to uncle sons.

My question is

-  Does Grandmother can still claim a share from the unregistered property that we got from grand father 35 years back?

-  If she comes to my share , Can I claim a share from her property got through my grand father.

-  My Grandfather gave more share to her than to my father , In none of them my father was signed. Can i claim 1/2 share from grandmother.

Thanks for your valuble suggestions

 



Learning

 3 Replies

b.goheel   01 December 2015

m also sailing in the same boat.

GANDHI MOHAN BHARATI (Pensioner)     01 December 2015

In respect of ancestral peoperties, i.e. Hindu Undivided Family Properties, even Oral Partition is valid in law. As you say that you are paying Land Taxes and Pass Books, the Records in Revenue Department will show that the partition had been accepted. Also because your grand Father had mentioned it in a Registered Document also she is not entitled to Registerany propertied now. Pleas contact a good lawyer and issue suitable advertisement in Local Dailies that such Registrations will be invalid. As far as Lands are concerned Revenue Records are final.

Anyone can sell any property of anyone and Register the same. The Registrar is not entitled to check real ownership. As far he is concerned, the seller and buyer have to be properly identified, the Stamp paper should be for appropriate value of the propert and Registration Fee is paid. It is upto the buyer to check all legalities.

1 Like

Krishna   01 December 2015

Thank you Gandhi Mohan Bharati Sir.


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