Ancestral property but my name ommited

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(Querist)
27 August 2019

my grandfather had some land which was passed to sons and further to grandsons. grandfather(Late) has 5 sons and 7 grandsons(i am one). ancestral land online record doesnt have my name but of all others even my brother's since i was out for study during name change of land. my queries are-
1. will i get part in land too since it was my grandfathers.
2. what portion will i receive, 1/7th or 1/10th(since my father has two sons). no will was left by grandfather.
3. no mutual division of land has ever been done by father and uncles, now one cousin intends to develop petrol pump on prime part of land, can he do that without consent and how can i stop it.
4 i want that for 10-15 years no development by anyone can be done on that, is there a way for that.
thanks for all replies.


Dr J C VashistaOnline (Expert)
28 August 2019

Unconvincing, impossible and unbelievable story.
How can such a glaring mistake happen to omit the name of legal representative if your statement is true?
Show the documents to a local prudent lawyer for better appreciation of facts, opinion, guidance and proceeding.

P. Venu Online (Expert)
28 August 2019

How is that the property was ancestral? How and when was the partition/settlement carried out? Was it through a registered deed?

kavksatyanarayanaOnline (Expert)
28 August 2019

Ji, how can you say the property passed to his 5 sons and then 7 grandsons? is there any Partition deed or family settlement deed? is your grandmother alive? Had your grandfather any daughters? If your grandfather have daughters or your father or his brothers have daughters? State complete facts.

rahulty11 (Querist)
29 August 2019

@J C vashista
- Should from your reply i infer that , i cannot be left out in any way. i thought that i should get expert advice and only if my chances are good than to approach a lawyer. since lawyers whom i will approach will surely say positive.

@P venu
It was my grandfathers(late) so, my father and uncles didnt earn it/buy it. Partition and settlement never happened only namantaran happened. land was passed on with no partition ever.

@kavka
in govt records namantaran happened which shows the same. there is no partition or family settlement deed which tells what part will be owned by which member.
grandmother not alive.
grandfather has 1 daughter(who has 2 sons), and there are 5 granddaughters.

KISHAN DUTT RETD JUDGEOnline (Expert)
29 August 2019

Dear Sir,
The definition of ancestral property is as follows: First think about whether it is ancestral property.
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What does the grandparent's property law in India state? Does the grandson own the right to the property?
All property's owned by a Hindu person devolves onto his class one legal heir's.

Now to the specific scenario's in ur example (for sake of convenience I'm presuming ur ur grandfather has only one legal heir)

Senario1: The property is self acquired by your Grandfather, in such case upon his demise interstate (without a will) the property would devolve upon ur Father and not you. In case your farther passes away before your grandfather then it such case it would be devolve upon you, your mother and ur siblings equally.

Scenario 2: the property in question is self acquired by ur grandfather father ( ur great grand farther) - would devolve same as scenario 1.

Scenario 3: the property in question is self acquired by ur grandfather grand father ( ur great great grand farther) - would devolve same as scenario 1.

Scenario 4: the property in question is self acquired by ur grandfathers great grand father ( ur great great great grand farther) - then in such a case you would be entitled to the property by birth as it becomes ur ancestral property.

To give you more clarity on the concept of Ancestral Property's : any property which passes undivided down 4 generations of male lineage is called ancestral property. The right to such property acures at birth unlike other laws of inheritance where right arises upon the death of the the owner.

Hope this brings some clarity to your question and your sense of entitlements.



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