nareshgaikawad 11 June 2015

Right in maternal property

My maternal great grand father has 6 acre agricultural land. He died intestet in 1960 & then the land comes on my maternal grandfather name. My maternal grand father purchase another 3acre land. Now he has total 9acres land.He is alive @ 80age but incompetent to take any decision. He has 3 child's (2sons-my uncles & 1daughter - my mother). My mother born in 1964, married in 1979 and died in 2011. My self Naresh (male). . My maternal grand father sold half - half land in 2010 with help of my uncles (I don't know whether NOC taken or not) but not taken any NOC from my mother. The amount divided only between 2sons. . . Q.1 Now tell me my right in sold properties (both self purchased & ancestral) ? Q.2Now tell me my right in balance properties (both self purchased & ancestral) ?

Reply Follow

5 Replies

saravanan s (legal advisor) 11 June 2015

dear naresh only property from paternal grandfathers side is considered to be ancestral in nature.

those nine acres (of which three is his self aquired property).your grandfather has all rights to sell the nine acres of property during his lifetime and you cant question his subsequent sharing of money got by the sale with your two uncles without giving anything to your mother

Kumar Doab (FIN) 11 June 2015

You have no right in self acquired property.

You have a right in ancestral property.

The succession opens upon the death of owner. How was land transferred in the name of Maternal Grandfather from Maternal Great Grandfather?

The Maternal Grandfather is alive.

What was the source of funds to purchase another 3 acres.

It is believed that the deceased owners were Hindu.

You have posted that the land is agriculture. The land is in which state?

You may obtain the copies of record of ownership and show all docs on record to an able lawyer dealing in property/family/revenue/civil matters and spend quality time with your lawyer, understand the merits and remedies, before you proceed further with patience.

nareshgaikawad 11 June 2015

Thanks saravanan & kumar. Is it right only paternal side property is ancestral. then what is my right as my mother not alive. Land was transfer on my maternal grandfather due succession. source of fund is self earned deceased owner is Hindu agricultural land in Maharashtra.

nareshgaikawad 11 June 2015

& what about incompetency of my maternal grand father, then can I claim for partition.

saravanan s (legal advisor) 11 June 2015

https://articlesonlaw.wordpress.com/2014/10/23/practical-questions-on-ancestral-property-answers-with-support-of-the-high-courts-and-the-supreme-court-rulings-part-i/