Ancestral Property and Compensation
Querist :
Anonymous
(Querist) 29 October 2010
This query is : Resolved
Background : Ours is a Hindu-Brahmin family from a village in Bihar. My father are two brothers and 2 sister. My father is educated and retired now while my Uncle is not so educated and is working at a lower level. My father and Uncle are the second and 3rd child of my grandfather. The other 2 child of my grandfather being daughter who are married and living happily.
1969 : My father got married. My “nanaji” gave lot of goods, furnitures, ornaments and “asharfee” (golden coins) etc. to my mother in “bidai” while sending my mother to her in-laws as per the social obligations and expectations.
1971 : My fathers younger sister got married. As per the expectations of the groom’s family we had to provide enough “consideration” while sending her off to her in-laws. All the goods, furnitures, ornaments of my mother were transferred to meet the expectations with my grandfather promising to compensate with land etc. as appropriate.
1973 : I was born in village. My mother had to struggle for my upbringing and didn’t had any means to support as my father used to send money to my Uncle and grandfather under the impression that everything is taken care of. There were loans , mortgages which he needed to foreclose as a result of the unreasonable family spend and the marriages of my “bua”. My mom didn’t speak of anything in the interest of the family and she was made to keep quiet.
1974 : A fresh demand was made by the grooms family and my Uncle sent the “asharfee” (golden coins) to my “bua” and my grandfather promising yet again a piece of land. My mother had to let it go in the interest of the family. She was left with only an almirah by now. My father had to give up his wedding watch too.
Late 1970 : My Uncle got married. My father got my Uncle employed in his own firm.
During this period my father bought a land where he contributed almost Rs. 25,000 and my Uncle contributed Rs.2,500. The land was bought in the name of grandfather as a respect.
Early 1980 : My father started constructing a new house ( 2room, small house) as per his capacity as the ancestral house was getting old. All cost of construction was born by my Father. Our family were living away from village by now and I had started my schooling, with my father started working for a reputed company and the life were moving on a right track.
1981: My brother was born.
1982 : My father asked my Uncle to send his small son to him for getting him educated which remained a nuisance for us and finally we had to send him back after a year of trial. My Uncles’ family said something was fishy and all sorts of abuses and misunderstandings started. We never recovered our courage to propose anything else with such an outburst. By this time I started doing well in my studies with good results and being in top 3 in the classes I studied.
In the meanwhile my Uncles’ family shifted in the new house made by my father without even having a courtesy of informing us and even without performing the “griha pravesh pooja”.
1990 – 2000 : I kept on concentrating on my studies and completed my higher studies and started job in late 90’s.
2000 : My father was getting retired in another 18 months and shared the thought to build basic amenities like water/toilet etc. in the constructed house.
2000-2002 : The repeated thoughts were never acknowledged properly and my Uncle didn’t allow to build anything. Finally my father had to buy a flat in Patna with his hard earned money to live his life post retirement.
All along the discussion went on an the delaying tactics of my Uncle went on.
2002 : My Uncles daughter got married and he sold off a ancestral land to meet the marriage expenses without even asking for our thoughts, ideas and decision on it. However, he promised to provide an equivalent land from his share of the ancestral property.
2003 : I was to be married in the village and for that the basic infrastructure needed to be created. Uncle refused to pay heed to it and said “Nothing Doing” he was not ready to contribute anything. Anyways I got married to our utter inconvenience and embarrassment and hardly spent a day post my marriage in the house.
2005 : My son was born.
2006 : My grandfather died at the age of 107 years. He had a very horrible time in the hands of my Uncles family. The treatment of my Uncles’ family to him was shocking and he used to hurl abuses, physically dump and thrash him. God showered mercy and called him in his custody. I was very close to him and still regret to his sufferings now.
2007 ; I wanted to get the “mundan” of my son and due to such stand, had to get it done at Patna.
2007 – 2010 : all these years we have trying to persuade my Uncle and his son to talk ona honourable separation which has been falling in deaf ears.
We feel its an intent of theirs to consistently keeping us through the inconveniences of life so that we give up and leave all property. My father is elder to him but he has been abusing him like anything now and my father being soft spoken had to give him a befitting reply;
2010 ; I started forcing my presence now and putting up the discussion directly with my Uncle. He reverted saying I am not qualified to do so as long as my father is alive. I did keep my calm and honoured his existence which I will continue to do so.
In mid of the year we caught hold of Uncle and gave him options to choose from to have a honourable separation as we wanted to build a house of our own and plan life forward. He bought time on the pretext of discussing with his son etc. even I have been discussing this with his son to avoid any inconveneinces and in the interest of the family at large.
My Uncle committed to one of the option and and we went ahead . We planned the “griha aarambh” pooja but exactly 12 housr before the ceremony he again threw tantrum that how can you do this till the land has been separated and shared. We went ahead and did that and had a strong argument.
Yet again we have been discussing whats the issue, why they change in stance etc. ….without any change in their stand.
We feel it’s a clear intent of their to keep us from the rights of the ancestral property without acknowledging the past obligations to us so that he has an easy and comfortable right to the whole property.
We would like to seek your advise to the below:
1. Can my mother claim the equivalent ancestral property in exchange of the “asharfee” and other utensils/goods etc. given as “consideration” to my “bua” (fathers sister) taken by grandfather. (The witness to the incident being my “Bua” who is the beneficiary)
2. Can my father claim from my Uncle, the land in exchange of the land he sold for the marriage of his daughter and as per his promise was supposed to be given to us.
3. Can my father claim the right to the land (complete/part thereof as per the contribution made) purchased by him but in the name of grandfather. It’s the same land where we had performed “griha aarambh” and would like to build our new house?
4. Can we force a notice to the parties holding share in the land on our intent to take our share from it?
Your advise would be appreciated to get out of this mess.
s.subramanian
(Expert) 29 October 2010
Filing a partition suit alone is the only remedy for your issues.
R.Ramachandran
(Expert) 29 October 2010
Dear Anonymous,
Answer to your query No. 1 is a flat NO.
As regards queries (2), (3) and (4), first you have to clarify the following:
(a) Whether your grand father had any property (ancestral property - not self-acquired property) and if so what is it - whether land / building etc.?
(b) Whether the said ancestral property is now available?
(c) You say that your uncle "sold off ancestral land to meet the marriage expenses without even asking for our thoughts". This point raises the following questions: (i) whether the property was sold by your grand father at the instance of your uncle; or your uncle himself sold it by signing the Sale Deed?
(ii) If your uncle himself had sold it, do you mean to say that the ancestral property was partitioned by your grand father?
(iii) If it was partitioned by your grand father, when was it partitioned?
(iv) Whether the property sold by your uncle fell to his share (your uncle's share) in the partition?
(d) whether your grand father had any self-acquired property? (Other than the one which was purchased by your father with contribution of Rs. 25000and by your uncle with the contribution of Rs.2500, in your grand father's name.)
The above clarifications are minimum needed to address your queries.
Querist :
Anonymous
(Querist) 29 October 2010
Dear Mr. Ramachandran,
Thanks for your feedback. My answers to the queries are as below;
Query 1 : Is it not that the compensation as promised by my grandfather to my mother against the ornaments taken from her be taken into consideration while claiming the right on the ancestral land ? The beneficiary of the ornamnet is the witness to it and can vouch for it.
Query (i) the property was sold by my uncle. My grandfather being almost 100 years old had been made to do so and rightly it had to be to safeguard the overall interest of the family respect. We even let it happen after all its the marraige of a daughter and we are promised to get an alternate land from the ancestral property.
Query (ii) The property was not partitioned and still all property is in the name of my grandfather and nothing has changed. Now that he is no more (even my grandmother is no more. she died even before than that of my grandfather).
Query (iii) No partioned was done.
Query (iv) It was piece of land where he should have held 50% of his share in the current state. However, he sold off the complete piece of land and promised to provide an equivalent from his share from the other ancestral land.
Query (v) There was no property acquired by my grandfather and all has come to him through ancestors only. Howver, he mortgaged couple of land from ancestral property which my father paid back and released it.
Would look for your valuable advise.
R.Ramachandran
(Expert) 29 October 2010
Dear Anonymous,
After going through the information provided by you, my view on your following questions 2 to 4 (I have already given my view for question No.1) are as under:
2. NO - since the promise by your uncle was not in writing and therefore no binding on him; and your father doesn't have any document to prove the same.
3. Since the land is in the name of your grandfather, upon his death, all his heirs - that your grand father's sons and daughters - would be entitled to an equal share in the same.
4. Yes, before issuing any legal notice your father has to apply for and obtain legal heir certificate from the Tehasildar - indicating all the legal heirs of your grandfather. After obtaining such a certificate, your father can issue a notice to the other legal heirs demanding partition of the property in question. In case they do not come forward to partition the property, then you have to file a civil suit seeking partition of the property.
Querist :
Anonymous
(Querist) 29 October 2010
Dear Mr.Ramachandran,
3. How strong is the case where my father can prove his contribution to the purchase of land while claiming his share.
Furher , In fact if you see the practice of distribution of ancestral land in our village, it goes as per mutual understandings, wherever the land had been casacded down from ancestors.
The only case of a registration occurs in case of sale/purchase that happens out of the ancestral tree.
Except for the land that my father purchased (that has been registerd in the name of my grandfather and the purchaser respectively) and the land that my uncle sold off, all have the legal heir almost 3/4 generations back.
The practice is not duly covered through the legal processes and more to do with social acceptances.
R.Ramachandran
(Expert) 29 October 2010
Even if your father had contributed the full amount for the purchase of the property, since the property is in the name of your grand father, your father cannot claim any exclusive right over the same. Now it is the property of your grand father and after his death, all his heirs will have an equal share in it.
Querist :
Anonymous
(Querist) 29 October 2010
so does it mean all other ancestral property which do not hold an exclusive legal right and still in the name of great-great grandfather remains disputed with the current argument ? If so probably thats a biggest risk the set of 1000 villagers may be running through and need to safeguard themselves by getting it legalised to avoid any future conflicts.
