Ancestral property
velmurugan
(Querist) 21 September 2015
This query is : Resolved
Dear Sir,
I'm velmurugan from tiruvannamalai.My father has two siblings 1 elder brother and 1elder sister.My grandfather has two acres of land.He dosen't made any will before his death in 1960.Apart from two acres my father and his brother bought 12 acres separately.
My father's brother has cheated my father.By noting various debts he told my father to keep my grandfathers 2 acres land and he kept those 12 acres without any shares to my father in that.
I'm the only son of my father .I have four sisters. My fathers brother has 3 son and 1 daughter.Now they are planning to ask share from the 2 acres. Please advise. If there is any solution to prevent this.It will be helpful to my family.
rajagopal.s
(Expert) 21 September 2015
Hi
How the 2 acres allotted to your father- was there any registered partition deed?
how was the 12 acres taken away from your father- was there any registered GIft / Sale deed.
you need to have answers for these questions.
also you need to consult a local lawyer with all of the documents.
Kumar Doab
(Expert) 21 September 2015
It is believed that you are Hindu............and that Grandfather's 2acres were self acquired.
Grandfather died in 1960 and thus succession has opened in 1960.
The local state laws may be looked into for the share of sister..................and both your father and brother has equal share.
Hope no registered partition,family settlement deed was ever signed.
The 12 acres seems to be in joint name of your father and father's brother.
If Father's brother has availed debt against the jointly owned land (12 acres0 then if your father has signed the debt as co-borrower/guarantor, he may be able to defend his share of 6 acres................or if he has not signed any registered gift/sale deed etc he should be able to claim his share of 6 acres.
You may certainly show all docs on record to an able lawyer specializing in family/property/revenue/civil matters and well versed with local/state laws.
velmurugan
(Querist) 22 September 2015
Dear Sir,
Thanks for your reply,
There is no any registered partition deed for the 2 acres.All are communicated in verbal only.But the Patta is in my father name.
There is no any registered GIft / Sale deed for that 12 acres.All are verbal communication only.But we are not sure wheteher that 12 acres is registered combinedly(my father and his brother name) or in my fathers brother name. How to know this ?
Right now my fathers brother is no more . He has died three years before.
Is there any solution ?
Kumar Doab
(Expert) 22 September 2015
You need to make inquiries and obtain certified copies of all documents from local revenue office/patwari.....................
You may certainly show all docs on record to an able lawyer specializing in family/property/revenue/civil matters and well versed with local/state laws.
velmurugan
(Querist) 22 September 2015
Dear Sir,
Can you explain me this in details,I'm new to this,
I don't have any records with me, then how can i make an inquiry,will they provide me the details and the copy of document.
Kumar Doab
(Expert) 22 September 2015
Visit any nearest Sub-Registrar's office, Deedwriter, Lawyer........
Or website of the state revenue dept. and call upon them and you will know everything you want.................including how to get the recordd.
velmurugan
(Querist) 22 September 2015
Dear Sir,
Thanks for your reply.Will do as per your advise.
velmurugan
(Querist) 23 September 2015
Dear Sir,
Is it possible to make the 2 acres registered on me since the patta is in my fathers name for 25 years.
