Ancestral property
Priyanshu Goel
(Querist) 14 March 2016
This query is : Resolved
• As per my Grandfather's Will (Registered), his two sons are the legal heirs (Surendra and Narender) equally .
• After that grandfather has given other property as his share to the Narender but neither Grandfather has changed the will nor any written agreement has been made.
• Both Surender and Narender is not any more.
• Now the son of Surender wants to take the ownership of property in his own name of Narender (As the possession of the property is in his hands for more than 20 years)
• Son of Narender
Neither he wants to take the possession of the property
Nor he is ready to sign the transfer documents
• Please provide some solution
Adv. Yogen Kakade
(Expert) 14 March 2016
It is the decision of the title holder (here the son of Narender) whether to transfer his property or not.. the possession of the property does not matter.
Rajendra K Goyal
(Expert) 15 March 2016
All relative documents need to be referred, consult local lawyer.
Kumar Doab
(Expert) 25 August 2018
Which personal law applies in your case?
Are you all Hindu?
The property is in which state?
Who was 1st owner of said property say; Forefathers of your grandfather, your grandfather?
Was the said property (that is disposed by registered WILL) self earned/acquired or ancestral in the hands of 1st owner of said property e.g; your grandfather?
Or the said property devolved upon your grandfather BY WILL from his father? If yes, then was the WILL of his father duly acted upon without any cloud on IT or probated?
Was any executor appointed as per WILL?
Has the WILL of your grandfather been duly acted upon without any cloud on IT or probated?
Apparently beneficiaries were alive as on date of death of your grandfather.
The share given to Narender is same/equal to as in WILL?
The share is given orally or as per some registered deed, say; Gift deed? Or as per some LOCAL revenue procedure/code that is as valid as registered deed? Thereafter was property properly mutated in the name of Narender?
Confirm!
Kumar Doab
(Expert) 25 August 2018
Oral partition (if any) is to be proved.
On strength of which valid document or by which mode or by which offer, son of Surender, want to take ownership of property that was in possession of Narender, from son of Narender?
The possession of property that was with Narender should ideally devolve upon Legal heirs of Narender, If the title (clear/marketable) was in the name of Narender.
If the title (clear/marketable) was in the name of Narender then legal heirs of Narender can dispose the property in anyone’s favor.
If Narender occupied the property without any oral partition that can not be proved or without any valid document/registered deed then:
If IT was equal to the share as in Valid/Registered WILL then let the WILL be duly acted upon without any cloud on IT and let the share be mutated in favor of beneficiaries and/or subsequently to legal hiers.
If the poseesion is by bad faith (adverse possession) then IT may not succeed in courts of law.
Legal hiers of beneficiary canot be forced to dispose their share say by valid/registered deed e.g; sale/gift/transfer/release/settlement…..however the legal hiers can do do by their sweet will.
There are many threads on similar query that you can search by using SEARCH option and pick up relevant points e.g;
http://www.lawyersclubindia.com/experts/Property-law-601596.asp
and also from various threads initiated by you.
Kumar Doab
(Expert) 25 August 2018
Best recourse is to settle everything by mutual understanding and register the deed.
Registered Family settlement deed may leave no scope for future litigation.
Approach a very able LOCAL senior counsel of unshakable repute and integrity specializing in concerned field of law (as per matter at your hands)/civil matters and well versed with LOCAL applicable rules/laws …. and worth his/her salt, can advise you in person after examining all docs, evidences on record and even draft the required/suitable deed for you.
There are such very able counsels at each location.
Check for such counsels at LOCAL civil courts, HC, SC…
Avoid acting on your own and preferably become properly informed by approaching a very able LOCAL counsel as already suggested.
Kumar Doab
(Expert) 22 December 2018
Same matter/Query;
http://www.lawyersclubindia.com/experts/Gift-of-property-690331.asp
http://www.lawyersclubindia.com/experts/Ancestral-Property-698661.asp
http://www.lawyersclubindia.com/experts/Property-Issue-504611.asp
http://www.lawyersclubindia.com/experts/Power-of-Attorney-504616.asp
http://www.lawyersclubindia.com/experts/Ancestral-property-589341.asp
If yes; there are 2 beneficiaries in the said WILL and not 1.
