Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sandeep   18 July 2016

Ancestral property

I had 3 grand fathers with together property of 33 acres. Eldest amoung them had a son, and son expired 30 years back. He survived by his wife and he didn't had children. Middle one had a son, grand son and great grand son. The last one is my father's father.

Middle grand father has sold his share of the land to another person. The eldest and my father's father didn't divide thier land. My father's father had 2 sons and 6 daugthers and died in 1973. Even my father and his brother didn't shared their land. My father's brother is not having kids. His wife is living seperately from last 15 years. They didn't had divorce.

I am having a sister.

So my question is who are legal rights on this property other than my father and my father's brother? Do my father's sisters also get the share? Is there any share for the middle grand father's grandson (Middle grand father sold his share).

What are the documents we need to show to prove the rights on this property? The names appear in the RTC are My elder grandfather's son, My elder grandfather's son's wife, My father's brother, my father and me.

What are the chances that other people will claim the land?

I am in Karnataka, coorg district.

 



Learning

 2 Replies

Kumar Doab (FIN)     18 July 2016

It is believed that you are HIndu. Confirm.

 

You have posted that:

---"Middle grand father has sold his share of the land to another person."

Apparently the proeprty is devided/alienated and might have lost its ancestral character.

His share has been sold. You have no share in it.

His family can claim from him.

 

---"I had 3 grand fathers with together property of 33 acres.'

 

If it is agricultural land then it is state subject and state rules need to be referred to.

 

---"My father's brother is not having kids. His wife is living seperately from last 15 years. They didn't had divorce.'

 

If your father's brother is alive then he has the share. If he is not then his legally wedded wife is ClassI legal heir. She shall inherit. 

 

---"Apparently the proeprty is devided/alienated and might have lost its ancestral character."

 

If the proeprty has lost its ancestral charachter then it becomes self acquired.

 

In case of self acquired the title holder can dispose in anyones favor in his life time by a valid deed e.g. sale/gift/WILL/Mortgage etc.............

 

Succession opens on date of death of owner.

Daughters have a share  in self acquired proeprty. IN case it id agricultural land then refer to the prevaling laws as on date of death of owner.

 

You may consult a very able counsel specializing in property/revenue/family/civil matters and well versed with local laws with all dcos on record for a considered opinion.

 

P. Venu (Advocate)     19 July 2016

Yes, the property does not appear to be ancestral.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register