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Nee   20 August 2015

How to claim right in inherited property

My father migrated from pakistan post migration in 1947. He got the property in claim from indian goverment in liau of property left by him in pakistan . He also wrote in claim form that property of pakistan was not his self aquired , but inherited from his father .My father got that property trasferred to my mother through decree in 1982 and in 1993 my mother transferred the property to my brother through decree . My nephews sold that property 2 years back . I have filed suit against them calling it as ancestral property which is in progress. My father died in 1994 and my grand father died in 1917.
Can it be called as ancestral property since I don't know how my grandfather got that property in Pakistan ? Also isn't my birth right since this property was inherited to my father .I am having all  certified proofs which states that my father inherited Pakistan Propoerty from my grandfather .

What should I claim - right in inherited property or as ancestral property ? 

Please advise .



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 2 Replies

bhagwat patil (Property due diligence 9422773303)     21 August 2015

you can claim as inherited right,as  if A inherits property, whether movable or immovable, from his father or father’s father, or father’s father’s father, it is ancestral property as regards his male issue. If A has no son, son’s son, or son’s son’s son in existence at the time when he inherits the property, he holds the property as absolute owner thereof, and he can deal with it as he pleases ………. A person inheriting property from his three immediate paternal ancestors holds it, and must hold it, in coparcenary with his sons, sons’ sons and sons’ sons’ sons’ but as regards other relations he holds it and is entitled to hold it, as his absolute property.

Nee   21 August 2015

We have filed suit claiming it as ancestral but we don't have proof that how my grandfather got that property in Pakistan between period 1800 - 1900 AD .

Can we change the suite after 2 year now claiming it has inherited property  ? 


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