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JITENDRA NATH GHOSH   24 September 2018

Can the said property be termed as ancestral?

I am a Bengali Hindu & from West Bengal.

I am 54 years old born in 1964.

My grandfather inherited a property from his father (post-death) and recorded his name in CS record as heir (only son).

From my grandfather we heard that the property belongs to his grandfather (my great great grandfather) since pre-independence. The mode of owning the property by our great great grandfather pre-independence is unknown.

After the death (year unknown) of our great great grandfather the property was then transferred/recorded/inherited by his two son equally, one son is my great grandfather.

My great grandfather died during 1950's (exact year unknown) without any will/deed. Then the property was inherited/recorded by my grandfather as heir (only son).

My grandfather died during 1975.

The property then transferred/recorded to my father (only son) via CS/LR record in 1995.

We are two brother, I am elder. My father gave the entire property to my brother in 2007 through registered gift deed. My brother sold the entire property in 2012.

All property papers were either destroyed or hidden by my father after the selling in 2012 & I have no access to any property details/papers.

My father died in 2017.

My questions:
1. How to find out the the 1st generation of the property "or" the actual owner of the said property i.e actually who purchased that property and when?
2. How/where to get all the records/deeds of the said property, i.e. how it was transferred to my great grandfather then grandfather then father?
2. As I heard from my grandfather that the property actually belonged to his grandfather i.e. my great great grandfather, is there scope for getting the actual records/property papers from anywhere?
3. In this case, whether the property can be termed as ancestral property in the hand of my father?
4. Am I legally eligible to get any share of the property which my father gifted to my brother?
5. What is the statement means - "Ancestral property is a property which has been passed on to four generation & undivided up to four generations."
6. Since my great great grandfather had two son and after his death the property was transferred/inherited/recorded in both the son name equally, how is the property be defined in that case? Will it still be considered as ancestral?

Point wise answer is highly solicited. Thanks.



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