Ancestors property

Riyazahmed (Querist) 30 January 2024 This query is : Resolved
Sir,
My grandfather had 3 son and 2 daughters, at present all are expired and there children are present.

A property in neighbouring Village is there which is titled in the name of my uncle (Family head) i.e Grandfather 1st son after my Grandfather death.

Now my uncle's only son have transferred the title to his name after my uncle's death.

I am son of my Grandfather's 3rd son, I am also a share holder of the mentioned property. I also went to Talathi office to submit waras nondh application attached with affidavit of family tree and death certificates of my Grandfather, uncle and my father.

But the Talati did not accepted the application and told me to bring more documents (i.e Death certificates of all the deceased persons of my grandfather's family and Aadhar card of all the alive persons of grandfather's family).

I want to know is this mandatory to submit all documents with the application or what is the actual procedure.

Thankyou

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Quick Summary

This discussion concerns a dispute over ancestral property where the title has been transferred through generations. The original property was in the grandfather's name, then transferred to his eldest son (the uncle), and subsequently to the uncle's son. The original poster, a grandchild of the grandfather, is seeking to claim their rightful share but is facing difficulties with the local Talathi office regarding required documentation. The advice given stresses the importance of providing all necessary legal documents to substantiate the claim.

T. Kalaiselvan, Advocate (Expert) 30 January 2024
When you wanted to initiate proper legal action to enforce your share in the proeprty, you have to comply with the legal requirements as per procedures of law.
You cannot dispute with the Talathi if he instructs you to produce substantial documentary evidence to accede to your request or grant an order to your application requesting to include your name also in it by just oral submission.
You are required to submit all the relevant documentary evidence to establish your rights and claim

P. Venu (Expert) 30 January 2024
"......................... is titled in the name of my uncle" How? Is it mere change in the revenue records or by execution of conveyance or on the basis of Will? Please post the relevant information.

kavksatyanarayana (Expert) 30 January 2024
If your grandfather purchase the property in the name of his 1st son or did your grandfather gift it to him or through a Will?

Riyazahmed (Querist) 01 February 2024
After Grandfather's death through waras nondh process my uncle name was entered as the family head in ८अ and ७/१२ records

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