Civil Procedure Code (CPC)

Generational land assets were given to one son


My grand father and grand mother (Parents of my mom) had various lands around the town. All of the land were agricultural farming land and one asset was family home. 

 

In 2007, my mom and her one brother were invited by their other brother to sign a document that says both my mom and her two brothers were indeed the children of my grand parents. We haven't heard from my mom's oldest brother or his family much ever since. In 2014 we realized that all of my grand father and my grand mothers land assets including their ancesstory house were given to the oldest son and then to the children of the oldest son ( two sons and a daughter). My mom and and her other brother are devastated. 

 

Questions : 

 1. Can ancestral property given to just to one of three children?

  2. We doubt that grand father hasn't written a will or willingly given the assets to one son but Imstwad, he was misinformed about family issues and had all the property written to one family with whom my grand father was living. 

Both my grand parents passed away a long time ago. Grand father passed away in 2015. Is there a way to claim any property to my mom and to my other uncle ? Are they legally eligible for a share of ancestral property ? We went to several lawyers with no luck. Both my mom and her brother are aged (60+). I'm looking for directions and help. Thanks 

 

 
Reply   
 
Retired employee.

Contact a local advocate, as the issue pertains to 2007 and the documents signed by your mother etc., is not known.  Local advocate can study the documents, hear the case, and will guide you.  Members can not guide mere on some assumptions made by you on an incident of 2007 without studying the documents.

 
Reply   
 


Advocate

Your mother (and her brother) can file a suit for partition. Any further suggestion would depend upon the pleadings of the elder brother in his written statement.

 
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