Ancestral property
ajeetkumar singh
(Querist) 09 February 2014
This query is : Resolved
Hi, i've a small query.
there is a land in mumbai on my father's name since last 26 years. my Grandfather is still alive. i've an uncle.
does my uncle has any right on that land?
it's on my fathers name and i suppose we own it.
we own it right? my uncle can not claim it as ancestral property? even if he claims, we can refuse it right?
prabhakar singh
(Expert) 09 February 2014
For facts stated your father alone is the owner.
To stake any claim over it ,your uncle would
need to prove existence of a joint hindu family and that consideration was paid from joint hindu family but that would be quite a tough job for him.
Rajendra K Goyal
(Expert) 09 February 2014
Your father is owner of the property and he own it in the given circumstances.
ajeetkumar singh
(Querist) 16 February 2014
Thank you Prabhakar sir and Rajendra sir.
I would like add to the fact that this land was purchased by my grandpa and then given to my dad. and about joint family! well my uncle always lived in varanasi and we've always lived in mumbai.
So just for final assurance. my uncle has no rights on mumbai's land.
Thanks in advance. it has been helpful for me.
prabhakar singh
(Expert) 16 February 2014
Then you need to tell :
1.Is it so that your grand father purchased it first in his own name?
2.And then transferred it in your father's name?
If so by which deed the transfer was made in your father's name,and is that deed a registered one?
ajay sethi
(Expert) 16 February 2014
agree with prabhakarsinghji .
Advocate. Arunagiri
(Expert) 16 February 2014
If your grand father bought the property from his own income, he has every right to transfer it to your father. Your uncle has no right over it.
