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Eswarreddy (Farmar)     08 May 2014

Need to get property from my grand father

Hi,

I have one problem,

My father having one brother in village.

Actually my father came to Dwelling(illarikam)..an 75 years ago....

At that time my grandfather having land 8 acres...

Is it possible now to get those land which is having my grand father.

All property having passbooks on my Uncle name who is staying in village.

 

Thanks you so much for your reply ASAP.

Eswar..



Learning

 4 Replies

Prashant Kanha (Advocate Uttar Pradesh )     08 May 2014

Definitely you have right over shares of your grand father's property. 

And yes ancestrol property cannot be aliented by either your father or your uncle. 

NOW WHAT YOU NEED TO DO?

1. Check the Records of Right from the Local Land Records office/ Registration office, there you will find the details and how and when the concerned property was transferred. See if your father got any share from that 8 acres. 

2. If his name was recorded then the procedure is simple, of his name was not recorded then you you will need to file a declaratory suit before concerned Civil Court. 

T. Kalaiselvan, Advocate (Advocate)     10 May 2014

Your query is not clear.  Whether the property was your grandfather's self acquired property or ancestral property?, if it is self acquired property, did your father relinquish his rights in the property in his brother's favor subsequent to your grandfather's intestate death?, Whether there was any partition between your father and his brother?, is your father alive?, come out with proper details to get a proper advise.

1 Like

Eswarreddy (Farmar)     18 May 2014

Hi Kalaiselvan,

Thank you so much for you response,

1) That property is my grandfather's self acquired property .

2) My Father was expired in 2012.

3) No partition for my Uncle till now from that property.

4) All Pass book names on my father name only.

Thanks

Eswar

T. Kalaiselvan, Advocate (Advocate)     18 May 2014

You as a legal heir of your father is entitled  to a right of share in the property, hence if there is no amicable partition arrangement, you can file a partition suit before a court of law for relief and remedy.  Consult a lawyer and proceed as per his advise if it suits you.


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