Ancestral property
Senbagam mani
(Querist) 08 May 2014
This query is : Resolved
my father signed and gave my grandfather's land to his brother(my chacha). he has built a house.
as per law both my father and my chacha have rights over their father's land. but here my father gave whole land to my chacha without taking any share init.
now do i have any rights over tht land, as it was owned by my grandfather?
if yes, then how can i claim my rights? sollution plsz....
P. Venu
(Expert) 09 May 2014
Your father only showed his brotherly affection!
Rajendra K Goyal
(Expert) 09 May 2014
Whether the land was self acquired by your Grand father or it was ancestral?
How the land was given, through registered gift deed or some family settlement and whether such settlement was in writing . registered?
Better consult a local lawyer and show him all the documents.
K.K.Ganguly
(Expert) 09 May 2014
1. For claiming your share on the property of your grandfather, you shall have to prove that it was your share of ancestral property on which your father had no right to gift to his brother,
2. For that it is required to ascertain whether the property was self earned by your grandfather, whether he had gifted or settled the property in favour of his sons through registered deeds or not,
3. If it can be proved that your father was not the sole owner of the property which he had given to his brother, then you can claim your share on it since it is your ancestral property.
R.V.RAO
(Expert) 09 May 2014
agree with sri k.k. ganguli.
T. Kalaiselvan, Advocate
(Expert) 09 May 2014
Agreed, until the property was not ancestral in nature, you cannot make a legal claim for a legitimate share in it, an amicable talks will fetch some respite, try it through elders of family.
Senbagam mani
(Querist) 14 May 2014
it is my great grandfather's self owned property.
Senbagam mani
(Querist) 14 May 2014
my father has given(signed) to my chacha(father's brother).
R.V.RAO
(Expert) 15 May 2014
you are stating facts in bits and pieces.
now that you have informed that the property was self acquired by your grand father,pl. note still it is not ancestral property.
if your grand father passed away, without making any will,then it is called intestate property .
In such cases of intestate property, all the class 1 legal heirs of the deceased will be the rightful claimants of such property.the class 1 legal heirs include the mother ,wife,sons and daughters of the deceased.(if any class 1 legal heirs are pre-deceased,then their legal heirs will be the claimants.).
in case your grand father made a will before passing away,the property will be distributed as per the dictates of the will.
K.K.Ganguly
(Expert) 15 May 2014
1. The property is self earned property of your grandfather,
2. If there was no will executed by your grandfather, your father & Uncle became the rightful owner of the said property, if they are the only legal heirs,
3. Your father has the right to gift his share of the property to his brother & you have no right on it.
