Rights on grandfather property

Querist : Anonymous (Querist) 22 November 2011 This query is : Resolved
Hi,

My late grandfather(passed away in 1962.. not sure) has agricultural land on his name and he didn't write any will.My father is the only son and he passed away two years back.My mother is alive and we are 2 brothers and 3 sisters.I have a signed 50 Rs stamp paper(1996) of my father and mother which says that land should be shared equally to me and my brother.This stamp paper is not registered yet.

My question is
Please let me know how can I utilise that stamp paper.Can I do the registration now if so do my sisters(all are married) have share on the grandfather property.and please tell me the percentage share.

Please provide me your valuable suggestions to get the land to only me and my brother.

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Raj Kumar Makkad (Expert) 23 November 2011
As the land is ancestral so your sisters, you brothers and your mother have equal share therein and the signed paper of your father has no bearing in the eyes of law.

If you both brothers want entire property then convince your mother and sister to relinquish their shares in your favour.

Rajeev Kumar (Expert) 23 November 2011
I fully endorse the view of makkad

prabhakar singh (Expert) 24 November 2011
If the property[agricultural land]in name of your grand father was inherited by him from his father and you are in a state other than U.P.then it is ancestral property.

Otherwise it is not ancestral if it was created by your grand father himself in his name by any purchase or gift or even by any WILL.

Now you can not register the stamp paper of 1996,you are talking about.

In case it is ancestral property as told above your father,you two brothers,and three sisters would be deemed to have a coparcenary of 6 people having 1/6 each.
and on death of your father[as he has not left any will]his 1/6 shall be equally
distributed among you 6 including your mother.Then your mothers'share would be 1/36 only.But each of you 5 shall get[1/6+1/36].

If it is NOT ancestral then on death of your father you all including your mother have a count of 6 then each shall get 1/6.

Raj Kumar Makkad (Expert) 24 November 2011
Prabhakar Singh ji! The querist wants to get the entire property so tel him the way.

Sailesh Kumar Shah (Expert) 25 November 2011
agree with expressed opinion of Mr. singh regarding first question of querist and Mr. Makkad rightly opinion about second question.

prabhakar singh (Expert) 26 November 2011
makkad ji i could not follow then!neither you nor the author.

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