(Querist) 01 August 2008
This query is : Resolved
my father bought land on govt.lease at concessional rate with his own earnings from the govt of India on the basis of a refugee certificate issued in my grandfathers name and his children who were majors at that time. Is this property classified as ancestral or selfowned ?can he will it to his son ? or the other children of my grand father also have a right to this property ?
(Expert) 01 August 2008
Please explain your query in detail as in whose name the property persists.
KANDE VENKATESH GUPTA
(Expert) 01 August 2008
Your question is not giving any details in proper manner. Whether the family of your father and other children of your grandfather was joint family at the timie of purchase i.e., sale deed. If you establish that the sale consideration was paid by your father from out of his own earnings, the other children of your grand father shall not have any right. Otherwise, though the allotment was made in the name of your father, the basis for allotment is the refugee certificate, on the premise that the family is joint and though the property is purchased in the name of one coparcener, the same will be the property of the joint family
was your father one of the major children at that time? if yes, the property acquired by your father with his earnings is SELF ACQUIRED and your uncles have no say over it.
anantha krishna n.v.( Advocate, AP High Court, 9246531895)
(Expert) 04 August 2008
Please take note that it is just a govt lease. So you have to follow the lease deed entered between you and the govt. It is not your property but its a govt property and after the term of the lease it will go back to the govt again. you can not sell it or so.
look into the deed for other relevant clauses.
(Querist) 06 August 2008
The property is now in the name of my father. The plot of land is in my fathers name while the refugee certificate was in the name of my grandfather and all his major children. From which govt department can we get a copy of the refugee certificate ?
(Querist) 08 February 2009
I am still not sure whether my fathers property can be classified as ancestral property or self owned under law. Pls. help. kalyani
(Expert) 07 March 2009
1. Though he(your father) used the refugee certificate of your grandfather, if he purchases out of his own earnings, it can bbe a self acquired property. 2. He can have an absolute rights over his self acquired property.
For further advice, you need to elucidate the brief.