Share in property
Rahoul
(Querist) 29 March 2014
This query is : Resolved
We had one ancestral land. My grandfather kept the land mortgage to one person and took money from him. After few years when my grandfather could not return the money, father of my grandmother negotiated with that person who had given money and gave away the land with little extra money to him and exchanged other land from that person which is far away from our place. My great grandfather( father of my grandma) then turn that new land to my dad's name. My dad was below 18 that time and my uncle was too below 18 as he is younger brother of my dad. so in 7/12 of that land my grandma's name is written as care taker for my dad till he turns major.
That land turned completely on my dad's name when he crossed 18. few years latter my grandfather again took money from one person and kept this new land mortgage again. Then my dad sold all gold of my mother and take that land back from that person and turned that land on my mother's name.
Meanwhile my uncle too got married and expired few years latter. His wife now demanding share in that land. Kindly guide me whether my aunt ( Wife of my uncle) can demand share in this land or not. for all above title changes the narration is not present. Only the 7/12 extract is showing the changes. How to go ahead and defend our land as that aunt did not have any relationship with us since last 14 years.
I will really appreciate If some one can give me any case law on such matter.
R.V.RAO
(Expert) 30 March 2014
it is ancestral property as stated by you. Accordingly ,all legal heirs(your grand father,dad,uncle,yourself and even female legal heirs if any) to the ancestral property can claim their share.
when any legal heir is predeceased,his/her legal heir can claim right/title/claim over the share of the predeceased. accordingly your uncle's share can be claimed by your aunt.
also note your grand father's other sons and daughters if any ,and your brothers and sisters if any as also your uncle's sons and daughters if any are all the legal heirs to the ancestral property.
Any legal heir to the ancestral/joint hindu family property can ask for partition at any time. after such partition it becomes their self acquired property.
Rajendra K Goyal
(Expert) 30 March 2014
whole of the documents have to be seen, how the land was changed by your great grandfather(father of your grandma) turned that new land to your dad's name.
All sequence and documents has to be seen, consult a local lawyer.
T. Kalaiselvan, Advocate 
(Expert) 30 March 2014
This does not seems to be an ancestral property. It is a property on the name of the father of author. The author's grandfather resorted to an illegal act of mortgaging the land which dd not belong to him but was on his son's name, however that son redeemed the property and transferred the same to his wife and now that wife, i.e., the mother of the author is the absolute owner of the property and entire rights over the property vests on her, thus other than her nobody has any right or share in it.
malipeddi jaggarao
(Expert) 31 March 2014
@Expert Mr.Kalaiselvan - mere entries in 7/12 will not prelude the surviving legal heirs to claim their share in the ancestral property. Hence I agree with the opinion of expert Shri R.V.Rao.
Rahoul
(Querist) 31 March 2014
Thank u all! Want to ask Mr. Rao:
This property had got to my dad when my great grandfather ( father of my grandmother)exchanged the original ancestral land to the land for which we are fighting. He gave money to that first person to whom my grandfather kept the original land as mortgage and taken a new land from him and turned it on my dad's name when he was below 18 and caretaker name of my grandmother. But this transaction is not written on any paper that time. But one thing is there that the land which is now in our possession is on some other person's name i.e on 7/12 extract and then on my dad,s name and then on my mon's name.
So considering all this will it be ancestral property? kindly guide...
Rahoul
(Querist) 31 March 2014
Plz share any case law if available....
R.V.RAO
(Expert) 01 April 2014
IF THE PROPERTY PASSES FROM GREAT GRAND FATHER TO GRAND FATHER TO FATHER AND TO SON ( FROM 3 GENERATIONS TO THE CURRENT GENERATION), THEN ONLY YOU CAN call it ancestral property. This is the Principle of Hindu law followed by the Supreme Court of India well propounded in Hindu Law by Mulla.
