Grand fathers property rights

Which personal law applies in your case?

Are you all Hindu?

Have the deceased i.e. your grandfather, left any valid WILL?

The said property is in which state?

What is IT’s nature say; agricultural land?

What is IT’s nature e.g; self acquired/ancestral in the hands of deceased grandfather?

Has grandfather divided and given equal share to all sons and daughters in said panchayat parikhat?

panchayat parikhat is local word/term! What exactly IT stands for? Is it valid partition as per LOCAL revenue codes/rules/Laws?

Were grandfather’s mother and wife also alive as on date of his death? Has he given any share to them also in said panchayat parikhat? Are boundaries mentioned in panchayat parikhat?

Has everyone been enjoying shares (with boundaries) from the ay of signing IT?

Do you have authenticated copy of panchayat parikhat or thru RTI?  

The property is in which state?

Confirm!

The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has surfaced; ‘Intestate Succession’…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Death certificates, legal heir certificate/affidavit (per local procedure-precedence) are basic requirements. Then authority shall act upon and transfer the ownership in the name of legal heirs. Obtain copy of updated mutations records showing share of legal heirs. This grants rights equal to that of owner to legal heirs. All legal heirs are at liberty to relinquish/release/transfer/gift/sell their share in anyone’s favor.

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.
 

Check locally and comply with procedure. Thereafter 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.

Your mother is one of the legal heirs and you can enjoy your share and she can enjoy her share.

For partition by boundaries either decide amicably (best recourse) or take help of other elders of the family or panchyaat or court of law..

Although your mother can agitate on any grounds deemed fit by her if the grounds are not reasonable the court shall finally decide and partition the property with boundaries..

IT shall be better to understand the reasons and even aspirations of the aged Lady (Mother) and arrive at some amicable solution..

If pachayat parikhat is valid then your father's legal heirs get share from his share ( as per pachayat parikhat) and if IT is not then your father's share is from his father as per succession rules and all of you (his legal heirs)  get share from his share....

Per succession rules applicable in your case share of each legal heir/successor/co-sharer is intact….

You may take possession and enjoy till Lady (Mother) agrees or is alive …………..

After her share shall devolve upon her legal heirs/successors including you, IF she does not dispose IT in her life time…

Preferably try to resolve within walls of family …

Or approach a very able senior LOCAL counsel of unshakable repute and integrity specializing in revenue/succession/civil matters well versed with local revenue codes/rules/laws and having successful track record ….. and worth his/her salt …for partition with boundaries thru court of law..

well said sjt. doabji