Vishal sambyal 22 September 2021

Transfer of Property

My great grandfather has six sons .
he has some property in his name and so was inherited equally by their sons .One of the Son got registered his portion of ancestral property rest didn't.Now he is claiming that he should be given land from Unregistered portion of ancestral land .
the local patwari says claims is justified as Land is unregistered.
I need help and advice .

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4 Replies

Dr. J C Vashista (Advocate ) 23 September 2021

Ancestral property automatically devolves upon legal representatives of deceased. Village Patwari has to enter intkal for mutation in revenue records. The facts posted are confusing, it is better to consult a local prudent lawyer for appreciation of facts and professional advise.

G.L.N. Prasad (Retired employee.) 23 September 2021

Unless the property is divided into metes and bounds stating each of the co-sharers extents through a family settlement deed, the presumption is that the property was joint and undivided. Patwari has nothing to do with the title and it is only a valid registered partition or settlement deed that can get a title. Your advocate can deal with the intricacies.

Shashi Dhara 23 September 2021

All others have consented or not ,if not consented then file suit for partition in civil court making purchaser also as party and estoppel the sold brother.

P. Venu (Advocate) 23 September 2021

The facts posted lack clarity. What do you mean by "One of the Son got registered his portion of ancestral property rest didn't.Now he is claiming that he should be given land from Unregistered portion of ancestral land" It appears that facts are misconceived.