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JITENDRA NATH GHOSH   22 September 2018

Inherited property will

There was a 20 acres property which initially belonged to Mr Shiv (my great great grandfather) since pre-independence. He had two son Mr. Nikhil & Mr Akhil (my great grandfather). Mr Shiv died during 1950's (probably!!) The property was then transferred/inherited/passed on to both of his son equally. From where, Mr Akhil (my great grandfather) received/inherited his 10 acres share. Mr Akhil died during 1978. He has one son Mr Jagan (my grandfather). In 1994, Mr Jagan recorded his name in CS/LR record. Mr Nikhil has two son Mr Sam (my uncle) & Mr Subal (my father) who was born in 1964. Mr Subal has three son, of is me i.e. Mr. I (born in 1985). Mr Jagan in 2005 willed the property in name of Mr Sam's wife (my aunt).
Summary: Shiv (my GGGF) -> Nikhil & Akhil (my GGF)-> Jagan(my GF)->Subal(father)
No share was given to my father. Is this legal, can this be done?



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 3 Replies

JITENDRA NATH GHOSH   22 September 2018

We are Hindu (Bengali) & from Burdwan District (West Bengal).

Vijay Raj Mahajan (Advocate)     22 September 2018

Firstly the property in question is not self acquired property but ancestral property, secondly the Will can made for self acquired property by the sole owner of the property not by karta of any ancestral property who is not sole owner of such property which is held by him. Bengal area the the law prevailing for ancestral property is according to Hindu Dayabhaga law not Mitakshara law. In Dayabhaga law the right of son in the property arise on death of father and as this property was originally belonged to great great grandfather Shiv on his death interest of all his sons and other generation came in existence. The joint family is also formed on the death of the father. The Will made by Jagan in 2005 for the property which was not his sole owned property will not be valid.

JITENDRA NATH GHOSH   24 September 2018

Sir,
Thanks for the reply. Do you want to say, my father has right on the said property and cannot be deprived of?
I would also like to know, since my grandfather has gift deed the property to my aunt, I we/my father have no access to any of the property papers/records, how to get the relevant property deeds/records of all the past generations?
What can be done now?


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