Ancestral property issue
arjun yadav
(Querist) 29 September 2015
This query is : Resolved
Sir, I have one query about ancestral property.Detail are as follows My grandfather has 3 sons and two sister. My grandfather and his brother got the property from his fahter
1.My grandfather got one property from his father .my grandfather has borrowed some money from some one.he was unable to pay it so second party file the case.
2.In 1971 through court decree there was auction of property and nobody took part on this only my uncle(tau g elder son) and as i know he paid the amount with interest but he transferred this property to his wife's name (x d/o y)
3.we didn't know that he is managing the property as he was there and my father was doing govt. job else where
4.Now he got retirement in 2009 and ask him for property he is still making fool all of us.
5. but when we saw the record in nagarpalika that property has been transferred to my (tai g) aunti name. he is ignoring us Now my question is that A.Was the decree legally right as it is transferred to family member name? B. Could my grandfather transferred whole property to anyone as it was the ancestral property (Note: my father and other all are major at the time of decree) C. Can we file a case for this fraud after 40 years as we were not aware of that D. Is there any time limit to file a case E.If it is possible file the case than should be include their sister as a party (As it is ancestral Property) F.What we need to file case and what are the chances to win.
Rudrawar Narayanreddy
(Expert) 29 September 2015
It is not clear from the facts whether there was auction or not or how the property is transferred in the name of your aunti. If without auction her name is entered, it will not effect your case.
It is settled law that possession of one of the member of the family is possession of all. You can file case and seek partition. Counsult local senior advocate
arjun yadav
(Querist) 30 September 2015
thanks a lot sir for such a quick revert
1.sir as i know it was auctioned but only two parties are there my uncle and lender
2.if it is auctioned what we can do pls suggest. can we proceed for partition or for we should file case for ancestral property as our grandfather didn't have right to auction whole property.
3. Can we file case as it is already 45 years passed.Is there any time limit to file a case
4.As it is transferred to my anty's name ( but in nagarpalika record it is showing x d/o y not x w/o z as she was married). can we ask for partition
5. Is it not a fraud to show wifes name with her father's name.
6 In last pls suggest me what will be beneficial for us means how can we get back the our part in this property.
Rajendra K Goyal
(Expert) 30 September 2015
Consult local lawyer and show him all the documents.
arjun yadav
(Querist) 30 September 2015
all are requested to give me proper advice plsssssss
