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Swanand   04 July 2017

Ancestral property

My Father has 4 brothers and 3 sisters, out of 3, 1 is step sister. My grandfather has passed away,  in year of 1989.Grandmother has also passed away. On the ancestral property (Agricultural Land) Grandfather has only put the name of 5 sons. And on the place where our grandfathers home is there in native place, it is still in grandfather's name.

1) Can 3 daughters of grandfather ( My Aunts) , claim equal share on ancestral property?

2) If not equal share, what share they will be eligible legally?

3) Can we  apply for only 5 names ( My father and 4 Uncles) to be put on the home property at native place?

4) Can aunts will be able to apply for putting their names without NOC from us on the agricultural land and Home Property?

Need advice on the above questuins....

Thanks in advance.

 



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 8 Replies

Kumar Doab (FIN)     04 July 2017

It is believed that you are all Hindu.

Confirm! 

Kumar Doab (FIN)     04 July 2017

It is believed that you are all Hindu.

Confirm! 

Kumar Doab (FIN)     04 July 2017

Succession opens on date of death.

What exactly do you mean by:

 

-- Grandfather's ancestral property; it is ancestral?

Who was 1st owner of the property?

Was it ever partitioned by redg. deed?

 

--Grandfather has only put the name of 5 sons.

How it was done say by a valid/registered deed e.g; Gift/partition/sale/settlement etc etc

 

Swanand   04 July 2017

1) Yes , we are Hindu family. 2) Ancestral - meant as which came from father's father, grandfathers father and so on... 3) The land is not partitioned yet. My grandfather has put only son's name to 7/12 abstract of agriculture land by doing applications to tehsildars. If these are the conditions ,will my aunt's require my father's and uncles NOC to add the names to 7/12 abstract. 4) And as grandfather has passed away in 1989 will my aunt's will be eligible for equal share of land ? Or what share aunt's will be eligible for?

Swanand   04 July 2017

1) Yes , we are Hindu family. 2) Ancestral - meant as which came from father's father, grandfathers father and so on... 3) The land is not partitioned yet. My grandfather has put only son's name to 7/12 abstract of agriculture land by doing applications to tehsildars. If these are the conditions ,will my aunt's require my father's and uncles NOC to add the names to 7/12 abstract. 4) And as grandfather has passed away in 1989 will my aunt's will be eligible for equal share of land ? Or what share aunt's will be eligible for?

shrikant   04 July 2017

every one has a equal rights in the ancestral property from 2005. so every one can claim for his n her share of property.

Swanand   05 July 2017

Is there any clause based on date of death for my grandfather?

Kumar Doab (FIN)     05 July 2017

Succession opens on date of death.

The applications to Tehsildar may or may not be partition.

It could in reference to some local revenue rules/procedure.

Take help of a very able local senior counsel of unshakable repute and integrity specializing in revenue/property/civil matters.............well versed with local rules/laws/precedence’s.


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