(Querist) 26 July 2011
This query is : Resolved
My grandfather died in 1994 without leaving a will.My father inherited the property along with his 2 brothers as a compromise formula between 3 of them(after fighting long in court).Each of them got a large chunk.Now my father has gifted/sold his whole inherited land to a lady living with him(my mother died 20 yrs ago).The above said land has been transfered in the name of that lady in September 2010.The above said property is situated in uttarakhand( covered underU.P zamindari abolition and land reforms act). I am an adult and me and my brother are left out of this.I want to know that do we have any right in the above said property of my grandfather. kindly advise me is there any remedy for us???
(Expert) 26 July 2011
Find out from uncles (your father's brothers) whether the property was ancestral or self-acquired property of your grand father. If it was self-acquired property, then what your father inherited would also be a personal property of your father and he can do anything that he likes with it and you brothers cannot do anything about it. On the contrary, if the property in the hands of your grand father was 'ancestral', then you brothers definitely have a share and your father's actions can be challenged successfully. Thus, the key to the issue lies in finding out the exact character of the property in the hands of your grand father.
(Expert) 28 July 2011
Mr.Ramchandran,who is adeptly versed in personal laws ,is no doubt otherwise right,but unfortunately UPZA also lays down law of inheritance,so unless the land is traced to have a history of SIR or KHUDKAST before UPZA coming in force so as to form a coparcenary between your father and you two on the date of transfer in dispute,in UP it is UPZA,and not personal law that will govern the situation here in hand,and any one recorded as BHUMIDHAR HAS ABSOLUTE RIGHTS OF TRANSFER IRRESPECTIVE of his personal law of INHERITANCE.
(Expert) 28 July 2011
I agree with the views of Mr. Prabhakar. I am not even aware, leave alone being well versed in land laws specific to UP. Thanks Mr. Prabhakar for pointing out.