Rishikesh Mahajan (BA) 21 November 2009

Ancestral Property Dispute

Query is regarding my Ancestral Property-
My Grandfather has a land of around 150 Acre and he died around 50 years back, he has 3 sons and my father is the eldest , Now my youngest uncle is planning to sell the whole land without giving any share to my father . My grandmother is alive and my youngest uncle has taken her with him forcebly . Now my youngest uncle and my middle uncle wants to sell the land without giving anyshare to my father.
There was no will created by my Grandfather and papers were created by my youngest uncle as per his wish. Dont exactly know that my grandmother has signed it any where or not she is around 90+ now.
I want to ask that is there any clause in the law which states that my father being the eldest son should have equal share as other two son have on that property.
Please let me know if any query for me to answer..
Please suggest ?

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6 Replies

Adv. T.K Sujith (lawyer) 21 November 2009

If u are a Hindu and there is no specific law in this aspect in your own state ur father is entitled 1/4 share in grandpa’s property. U shud ascertain that whether there is any will made or not. If there is will in favour of uncles and u have doubt on it u can challenge d genuinity of the same before a court. Approach them through mediators for a partition otherwise approach ur local civil court for the same.

Adv Archana Deshmukh (Practicing Advocate) 21 November 2009

If it is the self acquired property of your grandpa and if there is any genuine WILL in favour of the uncles only, then your father have no share otherwise, Your father have 1/4 share in the property. In case the property is the ancestral property of your grandpa then he cannot exclude you father from succession even by making a WILL. The WILL is not binding upon you. File a suit for partition and seperate possession.

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niranjan (civil practice) 21 November 2009

Your fathefr has equal share in theproperty,so file the suit for partition and pray for interim injunction against alienation.Even if they produce the fabricated will you will have ample opportunity to disprove it.

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snchandrasekarabharathi (senior manager (Law)) 22 November 2009

please inform the date of deth of your grand father or the year

Rishikesh Mahajan (BA) 22 November 2009

Thanks for the quick response. I am certainly Hindu. I want to know something more. Can u please tell me specific clause or any link where I can gain more informtion regarding property law. Before talking to my father I want to know about every aspect to resolve this property dispute, so that I can ask him to consult any lawyer for the further action in the court.

K. Rajendra Prakash (Advocate) 22 November 2009

If it is the self acquired property of your grandpa and the will is genuine your father cannot claim. In case it is the ancestral property, your grandpa cannot exclude your father even by making a will, your father is entitled on par with the paternal uncles. Ascertain and then file a suit for partition and separate possession. You may also obtain injunction restraining your paternal uncles from alienating the property to third parties till the suit is disposed of.