Leena VM (none) 02 January 2012

Ancestral property

Respected Advocates,

I recently came to know, after my father’s death, that I have a property in my name since 1985 in Gujarat.

The property belonged to my grandfather. After his death in 1981, my father transferred this property to my name from my grandfather’s name in 1985 through Gram Panchayat order based on my grandfather’s WILL in a proper way.

The tax has been filed on my name since 1985. I only have following documents:

1. Tax receipts

2. Akarni register copy (Revenue register I guess but not sure)

3. Copy of Gram Panchayat passing the order to transfer the property to my name based on grandfather’s WILL

I DO NOT have copy of the WILL.

Does property belong to me or can someone else put claim to it after 25+ years. My grandfather had one son (my father) and one daughter. My father has 2 sons and 3 daughters.

Thank you in advance for answering.

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10 Replies

Leena VM (none) 02 January 2012

Clarification: Property is a living house.

adv. rajeev ( rajoo ) (practicing advocate) 02 January 2012

you may get the copy of the will with gram panchayat because on the basis of the will it has transferred the property in your name.

Leena VM (none) 02 January 2012

Thank you for the reply. I am in the process of getting the WILL.

Would you answer following question for me please based on the documents I have.

"Does property belong to me or can someone else put claim to it after 25+ years? My grandfather had one son (my father) and one daughter. My father has 2 sons and 3 daughters"

thank you very much

Rajesh Hazra (Mediator and Legal Counsel ) 02 January 2012

Get the WILL as rightly advised by Advocate Rajeev, once you have the WILL then you can decide the action.

Vakeel Civil Court (Director) 02 January 2012

Who is enjoying the benefits of the property for the last 25 years.

If you are enjoying it as exclusive owner and the property tax is paid in your name, you donot need the copy of will.

In case of any reval claim from your brother/sister and the property is jointly enjoyed by all, prefer a compromise.

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Chetan Pardakhe (Advocate & Corporate Consultant) 02 January 2012

In absence WILL the property is ancestral for your father and your aunty but

If the will is found U are the exclusive owner of the said property further the property is in your possession so it is very much better don't worry.

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Leena VM (none) 02 January 2012

Thank you all.

Few clarifications:

1. The house is empty in the village and used by us as needed for some occasions. Until last year my father is the one who used it. Now my brother uses sometimes when he goes to the village. Suddenly he started paying electricity bill. I still pay the property tax. There are no other expenses.

2.if the copy of the WILL (not registered) is not found, would the order passed by the Gram Panchayat based on the WILL in 1985 in tranferring the property in my name and my name in the revenue department for this property be NULL and VOID?

3. What other documents needed to show my ownership?

Sorry for asking too much. The reason I asked because these details were not kept to today's standards in small villages in 1985 and rules have changed so much. My main purpose is to sell the property.

kumar t v s (advocate) 02 January 2012

I agree with vakeel. 25 years of uninterrupted possession as exclusive owner will confer title by adverse possession. Tax receipts are proof of exclusive ownership.

Gram panchayat record will also be useful and proof of ownership.

1 Like

Leena VM (none) 03 January 2012

Thank you all again for your valuable advice.

Does this mean that I have all the necessary rights and paper work to sell the house?

if not then let me know what else is needed?