Ancestral Property
Rishikesh Mahajan
(Querist) 21 November 2009
This query is : Resolved
Query is regarding my Ancestral Property-
My Grandfather has a land of around 150 Acre and he died around 50 years back, he has 3 sons and my father is the eldest , Now my youngest uncle is planning to sell the whole land without giving any share to my father . My grandmother is alive and my youngest uncle has taken her with him forcebly . Now my youngest uncle and my middle uncle wants to sell the land without giving anyshare to my father.
There was no will created by my Grandfather and papers were created by my youngest uncle as per his wish. Dont exactly know that my grandmother has signed it any where or not she is around 90+ now.
I want to ask that is there any clause in the law which states that my father being the eldest son should have equal share as other two son have on that property.
Please let me know if any query for me to answer..
Please suggest ?
Suhail suhail
(Expert) 21 November 2009
Mr.Rakesh if your grand father died about 50 years back,from then had there been any mutation effected by the leftover shareholders of the property,i.e. in revenue records the legal heirs were supposed to be bought on record after the death of your grand father;since under hindu succession act the property will get distributed among the leftover legal heirs that is wife,sons,and unmarried daughters.The property cannot get divided among the two sons and your grand mother alone as your father is a co-owner in the property left by your grandfather,and his rights are very much equal to the extent as that of your uncles and your grand mother.Now about the will it is to mention here that your grandmother can make a will but to the extent of her share.Though the details are missing it is better to meet a lawyer along with the material available with you,and in this regard i would advise to make a publication in the well circulated news paper in your state/area and providing accurate details of the property viz the name of place where the property is situated along with the survey number,khewat number,khata number etc.to aware general public about the facts.Meanwhile your father can file a suit for partition to get the property distributed among the legal heirs, as your grandmother is alive so she can testify about having made any will or not.
Devajyoti Barman
(Expert) 21 November 2009
Your father being the class-I heir of your grandfather he is entitled to 1/4 th equal undivided share along with his 2 other brother and mother in the property left by your grandfather. To enforce/claim his legally your father can file a suit for injunction in the local court. He can pray for injunction as well to restrain the other co-sharer from transferring any part of it.
The question of existence of any will comes up only when the beneficiary or legatee files a case for grant of probate of the will in which eventuality you would get a chance to appear in that case after receiving the summons and you could very challenge the legality of execution of the alleged will under various grounds including the old age, mental fitness and or exercise of force or coercion.
Ranganathan.N
(Expert) 21 November 2009
In your case sir,you know only that your grandfather had 150 acres and tree sons including your father has one.Your father is also a co-sharer and along with your grandmother all your people are having rights.your uncles can dispose only their share and your father is entitled for his share.The best way is if you want the share immediately file a suit for partition and if you dont want to sell your share file a suit for injunction restraining your fathers share from alienating.
Your father should file the suit restraining his brothers from alienating his share.
bhupender sharma
(Expert) 22 November 2009
Mr. rishikesh under section 8 of the Hindu Succession Act their clauses and the schedule provides the inheritance according to the categories. If situation is such that they have created a false will with respect to the property u may challenge the same by filing of suit.
U may file suit for partition of the property and an application for stay under section 39(1)(2)of C.P.C. for restraining them from alienating/creating third party interest in the suit property
surender singh
(Expert) 23 November 2009
Dear Rishikaesh so far as your query is concerned the land in question is ancestral in nature. as per hindu law after the death of your grand father the land devolve upon your fatehr, your uncles and your grand mother in equal undevided share. Ancestral property can not be transferred by way of will, as such any will, if executed is null and void. To know your father share, get the updated revenue record from the area patwari and approach an advocate to file a partition suit and suit for injunction to restrain your uncles to alienate the land pertains to your fater share.
