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venkatesh (Designer)     16 June 2010

ancestral property Disturbutation


I am resident of Karnataka. I have query related to ancestral property mainly purchased by My Grandfather

Could you pls help me out to understand the claims.

My GrandFather has 3 sons & 1 daughter. All are alive & they have very good coordinated relationship. My grandfather expired in 1992. Till now we have not divided our property. My Grandfahter purchased 32 acres of land directly in the name of my younger uncle(their 3rd son).ie in around 1973 & during that time my uncle's age was 18 & his source of income was my Grandfather.

Following are my doubts, could someone explain this.

1. Does this land can be considered as ancestral property?

2. Can other 2 brothers & 1 sister can claim on this land.

3. What are the legal options.


 4 Replies

v.k derashri (INCHARGE, LEGAL CELL)     16 June 2010

My dear Venkatesh, it is good that your family has good coordination. If all are having mutual trust all the member can draft a letter of distribution and divide property is a social  and family understanding.  But property was purchased by your grandfather in the name of his 3rd son and land is registered in him name he is the legal owner of the property under benami kanoon even if money was spent by your grandfather is proved. In case you or your other uncle filell case in the court they may lose is.

venkatesh (Designer)     16 June 2010

Dear Derashri,

Thanks a lot for the reply. Pls could you clrafiy the below points.

According to your last point "In case you or your other uncle filell case in the court they may lose is."

1. If the other 2 parties files case what are the chances of winning.

2. What are the grounds(if the case is filed) for fighting the case

unique horn (self)     16 June 2010

General  presumption is that the property purchased in his name was his separate property. But you can prove in court (if case filled)  that it was purchased by your grandfather & two sons and from the joint family fund. 

Deekshitulu.V.S.R (B.Sc, B.L)     21 June 2010

If all of you are in a cordial relationship then settle the matter before some elders. If not the court is the last resort and then arises the proof or otherwise of the facts stated by you

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