ancestral property
Anand Anand
(Querist) 21 May 2014
This query is : Resolved
Hello experts' can I claim the land of my grandmother who is expired in 1983.and also my father is expired in year 2004.my grandmother brother's are fighting for equal share the land which is ancestral.my doubt is can I claim the land as the land being ancestral and notdivided into equal shares no partition.please give me a suggestion experts.
R.V.RAO
(Expert) 21 May 2014
to be an ancestral/joint family/ hindu undiv.family property, it has to pass from great grand father to grand father to father to son(4th generation, must be running now) without any partition till the 4 th generation.
if so ,then all male and female legal heirs,will get equal share of property,after which it becomes their self acquired property.if no partition so far, any legal heir can ask for partition now at any time.
Dr J C Vashista
(Expert) 21 May 2014
In order to form proper opinion and render advise on the query it would be more appropriate to show the title documents of the property to a local lawyer since it do not contain all requisite informations, such as how the property devolved to your grandmother, who all/ how about her other LRs, how other brothers of your grandmother put their claim on property etc.
Sankaranarayanan
(Expert) 21 May 2014
Approach local lawyer will help to solve the issue
Anirudh
(Expert) 21 May 2014
Land in the hands of your grandmother can never be ANCESTRAL.
You have to come out with complete facts, which at the moment you have not revealed.
Rajendra K Goyal
(Expert) 21 May 2014
Consult a local lawyer and show him all the documents / title papers of the land.
Biswanath Roy
(Expert) 21 May 2014
The query is ambiguous better you take help of a local Lawyer.
T. Kalaiselvan, Advocate
(Expert) 21 May 2014
The land that belonged to your grandmother who died intestate, will automatically devolve upon her legal heirs. In that case, what was your father doing from the year 1983 till 2004. Hope his share in the undivided property would have been allocated during his life time, if not so, if it is confirmed that there was no proper partition and allocation of their shares to the respective heirs, you along with all other legal heirs to your deceased father can combined seek for a share that was due to your father from your grandmother's intestate property, file a partition suit claiming your share in the property, consult a local lawyer.
Biswanath Roy
(Expert) 21 May 2014
Partition Suit of a joint Hindu family prolongs years after years and even generation after generation better you mutually share your respective portions by a Deed of Family Settlement by demarcating respective shares of the legal heirs of the ancestor in a Map and get it registered. Take help of an expert draftsman.
R.V.RAO
(Expert) 22 May 2014
sri B.ROY ji's words are very practical and try accordingly.
