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Girish (Self)     24 June 2014

Claim in the ancestoral property

Hello Experts, Need your advice.

Situation is as follows

My village is in Ratnagiri, Kokan, Maharashtra.

My Grandfather (not alive now) had two wives. My first Grandmother (not alive now) had two sons and second Grandmother (not alive now) had three sons and one daughter. My Father is seond son from FIrst Grandmother.

Before death of my Grandfather (10 yrs ago), my father's stepbrothers overpowered and took signature of my Grandfather and Gharpatti/property tax was transferred on stepbrother's names. There was no mention of My Father and their elder brother name. But my second Grandmother was kind during her last days and she made a affidavit saying that, her sons have forcefully taken a signature of my Grandfather and got the rights over the property. That affidavit original is now available with us. And recently we got to know that name of all brothers exists in 7/12 report.

Now, Elder brother of my father is no more. And my Father wants to get their and their elder brothers right back on the property and want to give it to their elder brother's family.

But due to construction of Dam, villagers are going to be shifted in nearby villages with allotment of some land. Govt has started this shifting and many villagers got migrated till date. Each separated heir in the family is getting the benefits. But my father's step brothers are resisting to give us any right over Grandfather's property.

Here now our expectations are, my father wants to claim their and their brother's right over the benefits given by govt in terms of land in nearby villages. And we want to understand that is it possible legally.

What will be required to be done in a legal process to do this?

 

Dear all,

I might have written things being emotional, but do ask if any specific point is not clear or need more info about something.

 

Waiting for your suggestions.



Learning

 1 Replies

Laxmi Kant Joshi (Advocate )     24 June 2014

Girish if name of all brothers of your father including himself exist in 7/12 report then he can claim his right as per the list pertaining in the revenue department , you can also cross check from revenue department after obtaining farad /list from the tehshildars office , and on that basis you can claim sperate land from the state govt.as your land had aquired by the govt. for dam purposes .

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