Grandfathers Property Partition


 

My grandfather, along with his 2 brothers, acquired during his lifetime (in 1973) a prime property (plot of land) in Mumbai for the residence of his family. Due to lack of space in this property for his 4 sons, 2 of his sons (one being my father) moved to rental accommodation (pagdi property) in 1976.

 

Due to disputes with my father over other trivial issues, my grandfather, as per his will, bequeathed this property to his 3 sons (excluding my father) on his death in 1985. As on today, the share certificate issued by the society has the names of his eldest son and his two brothers. All the 3 sons and 2 uncles reside in this property.

 

Meanwhile, my father expired in 1993 and the rental property (where me and my mother resided) went in for redevelopment in the year 2006 and subsequently my mother got the redeveloped property on ownership basis. We are presently staying in this property.

 

In the next few years, the “ancestral” property bought by my grandfather would be sold and apparently the proceeds would be shared amongst my fathers 3 brothers and 2 uncles.

Based on the above facts, my queries are as follows:

 

  1. Do I or my mother have a stake in the family owned property? We have not resided in this property since 1976.
  2. If yes, what should be the legal recourse we need to follow to stake our claim in the property.
  3. If No, can we challenge my grandfathers will in court on the grounds that personal disputes cannot be a reason for keeping out a rightful heir from his share in the property.

In summary, we feel we have been wronged because the other 3 sons (my uncles) have got ownership property from their father whereas we lived in rental accommodation between 1976 to 2006 and which became ownership only in 2006.

Thanks & Regards

 

Amit

 
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FIN

The property is indeed ancestral or not?

Ancestral Property; that is four generation old,…….property acquired by the Hindu great grand father, which then passes undivided down the next three generations up to the present generation of great grand son/daughter.

Self acquired property can become ancestral property if it is thrown into the pool of ancestral properties and enjoyed in common.

Properties inherited from mother, grandmother, uncle and even brother is not ancestral property. Property inherited by will and gift are not ancestral properties.

The rights in ancestral property are determined per stripes and not per capita. Share of each generation is first determined and the successive generations in turn sub divide what has been inherited by their respective predecessor.

 
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FIN

 

The testator can not dispose entire ancestral property by WILL…

It is mandatory to probate the WILL in the areas of Bombay, Calcutta, and Madras.

It is not mandatory to probate the WILL in the area of Delhi. It is not mandatory to register the WILL.

The WILL should just be valid. Unregistered WILL can be acted upon.

The last valid WILL prevails.

The authority under whose jurisdiction property falls has a set procedure for such matters if the WILL has surfaced; ‘Testate Succession’…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. The authority may ask for NOC from legal heirs (other than beneficiary) and/or to release newspaper advt and/or may write to legal heirs to submit their objections if any within set time.

 

If there is NO contest to the WILL by any legal heir then authority shall act upon the WILL without any cloud on it and transfer the ownership in the name of beneficiary.

If WILL is contested it lands up in probate court of pecuniary jurisdiction. The court shall decide on validity of WILL.

The legal heirs may also consider perspective of registered family settlement after the WILL and register it.
hereafter concerned official in the O/o Authority e.g; Patwari, shall act upon the matter and transfer the ownership by inheritance/probate in the name of legal heirs in mutations records.

Thereafter obtain copy of updated mutation records.

Check locally for procedure to be complied with.

 

 
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