Great grand father land - my right
Nirav Shah
(Querist) 28 October 2014
This query is : Resolved
Hi, I am Nirav Shah. My query is as below.
My great Grandfather along with his brother had purchased a land in Gujrat. Post their death both the family went to court for wealth including the house and the land. Eventually 20 years ago both party went into out of court settlement in which a piece of land was awarded to the family of my great grad father. During the settlement in the land document (7/12) only four name were added. Two of my uncle, Grandfather and my Dad. However my dad has another 3 sister and one brother whose names are not there in the land document.I would like to know
1) What is the legal right of my uncle whoes name is not there in land document over this land?
2) My Dad is also passed away. What is my status regarding the land?
There are no other document/agreement available.
Advocate M.Bhadra
(Expert) 28 October 2014
The great Grand father during his lifetime transferred his property in favor of his sons and three grand sons.
During the life time none of the children or even wife of the person have right over the property owned by the person. The legal heir of the person (in case of Hindus) get share in the property of the Intestate i.e. left no testamentary document 'Will' deceased Hindu,in the proportion, Wife/widow gets one share, all his children(sons & daughters) get one share each of the property. In the present case the property owned by your father will be treated self earned or got from his father i.e. your grandfather shall be divided amongst all his surviving legal heir including your father as stated above provided no 'testamentary document i.e. 'Will' left by him at the time of his death.
As informed you this property (the one got from your great grandfather)entirely belongs to your father
You can claim proportionate share with your brother,sister and mother if any only form your father's portion.
Anirudh
(Expert) 28 October 2014
In which year your great grand father died? If your great grand father had died after 1957, then all your uncles and aunts have an equal share along with your father. If they go to court, they will get their share.
Guest
(Expert) 28 October 2014
Better Meet a Local Senior Good Advocate with All Documents and Obtain a Confirmed Legal Opinion regarding the same.
Rajendra K Goyal
(Expert) 29 October 2014
Facts not enough to provide any concrete advice, consult a local lawyer and show him all the documents.
ajay sethi
(Expert) 29 October 2014
agree with experts
K.K.Ganguly
(Expert) 29 October 2014
1. Your fater, Uncles & aunts have equal right on the share of the property of your great grandfather, if your grandfather had only one son being your father,
2. After the demise of your father,intestate, you also have equal right on his ahere of the said property alongwith your mother & all brothers and sisters.
P. Venu
(Expert) 29 October 2014
7/12 extracts are only revenue records. They are not absolute as to documents of title.
T. Kalaiselvan, Advocate
(Expert) 02 November 2014
If the properties held by the great grandfather were duly settled through a family arrangement or by partition during his life time by allotting one share each to his son, three grandsons, it is deemed to be the inherited property of the individual share holders. thus, under the situation, if correctly viewed, the shares allotted to your uncles and your father will remain with themselves as their own properties, but if your grandfather had died intestate, his share of property will again devolve on your uncles, your father and other legal heirs of your grandfather.
Consult a local lawyer with all relevant data/papers and obtain his opinion on further issues.
