LCI Learning
Master the Basics of Legal Drafting in All Courts. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

ajaymehta   16 May 2015

Claim legal right in ancestral property

I have ancestral property in U.P which belongs to my maternal grandfather and was self acquired by him.

After 10 years I have come to know that my mother and her sister were made to sign some NOC type document, 10 years back, by misguiding them,  based on which their brother got the entire property transferred on his name including name in Municipal corporation records and now when things have opened up, he is denying ours as well as share of the sisters.

Can u please help me in guiding as to which process should i adopt so that :-

1. Brother is not able to sell property without our knowledge and signatures.

2. The sisters as well as we as their chldren as ancestors can get a legal share in the property.

Looking forward to hear from you.



 4 Replies

saravanan s (legal advisor)     16 May 2015

property got from maternal side is not ancestral in nature.your uncle would have made a family settlement and your mother and sister would have relinguished their rights over the property by signing a relinguishment deed.unless you have proofs that your mother and sister were subjected to fraud you cant do anything and another thing is you need to convince the court as to why no issue was raised for the past ten years

Laxmi Kant Joshi (Advocate )     16 May 2015

As you had said that your mother and her sister had signed documents in favour of your maternal uncle and he had mutuated all the property ten years back in his name, now you cann't do any thing, your mother and her sister had signed on the relinquished deed and transfer their share in their brothers favour now it is very difficult to prove after ten year of silence her brother had done fraud with your mother.

Kumar Doab (FIN)     16 May 2015

You have not clrified whether the land was agricultural or not and daughters were married or unmarried on the date of death of father, and what was date/month/year of death of father?

 

If it was NOC then it might have limited purpose.............................that can be ascertained only after examining the NOC.

If based on NOC the enteries in mutation record were made then obtain the certified copies from revenue office.......

 

The NOC might not neccessarily be relinquinshment deed.........................and might not be registered....................

IN UP married daughters are not given share in agricultural land as per UP Zamindari Abolition and Land Reforms Act

Till the agricultural land is not declared non agricultural land under section 143 of UPZA AND LR ACT, it remains the agricultural land and in such case it is governed by the provisions of Section 171 of UPZA AND LR ACT.

 

You may carefully go thru another thread at:

 

https://www.lawyersclubindia.com/forum/Married-daughter-rights-in-father-ancestral-agri-property-108106.asp#.VVcqI_B-hkg

 

and atatchments in the thread.

You may obtaine the certified copies of all documents on record and show these to a senior and able lawyer well versed with local/state laws and proced further after understanding the remedies and options………

 

 

 

ajaymehta   18 May 2015

Dear All,

Sirs, Thanx for your esteemed feedback.

The property is residential property and we have been refused to provide any NOC copy by my maternal uncle.

Is there a way thru which I can claim my share in the property or atleast get a stay in the property so that it cant be sold without our signatures and knowledge, cause at the end of the day I want to have my share in the property.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register