Defend bakshish patra

Your uncle has right of inheritance in your grand mother's (His mother) property. Your father may challenge Bakshish Patra if grounds so exist. Consult a lawyer with details.

Thanks Sir for instant reply.

Your father may challenge Bakshish Patra if grounds so exist- Means We can challenge Bakshish patra if Property inheriting from great great Grandfather.

Could you suggest any ways to tackel this situation  

 

You have not posted which personal law applies in your case.

It is believed that you are all Hindu and said Bakshish Patra stands for;’Gift Deed’ and your uncle has taken possession of land mentioned in said Bakshish Patra  and your grandmother (your father’s mother) is alive.

Confirm!

Believing that you are all Hindu.

If said Bakshish Patra stands for;’Gift Deed’ of immovable property and if is not registered then IT may be good for nothing like good for nothing, not even worth the piece of paper on which it is written.

The property in the hands of your great grandfather was self acquired by him or ancestral?

Was it thrown in common pool and enjoyed?

In case of Hindu male; The 1st right for equal share is of ClassI legal heirs i.e.; Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters……………..

In case of Hindu Woman; The nature and source of property matters….

If nature of property is self acquired/absolute; The 1st right for equal share is of Husband (if alive as on date of death), sons, daughters……………..

Property from mother’s side is not ancestral.

You may determine the share of your grandfather and then your father accordingly in the property left by your great grandfather.

If the property in the hands of your grandfather was self acquired then he could dispose it by any valid/registered deed in anyone’s favor.

If said Bakshish Patra stands for;’Gift Deed’ of immovable property and property disposed by it is self acquired and gift is accepted by done then the gift is complete.

It may be futile and waste to contest it.

If your grandmother (your father’s mother) is alive then she can dispose her estate/property in her life time by any valid/registered deed in anyone’s favor.

No one has any forced share in it, be it your father or uncle.

Grandson/daughter/child has NO forced share in any estate/property of grandparents.

If she deceases without disposing her estate/property in her life time by any valid/registered deed in anyone’s favor then it shall be open to succession per applicable succession laws on date of death, a hint of which is given above.

Your grandmother can dispose by her sweet will in her life time by a valid/registered deed say; settlement deed with life rights/Gift/sale etc etc ….even WILL.

It is better if WILL is registered.

Any WILL can be contested.

Rest you may discuss with your own very able LOCAL counsel of unshakable repute and integrity specializing in such/revenue/civil matters and personal law that applies in your case and having successful track record.

Thanks For your support and help.

In my case My father, My Grandparents is not alive. We have piece of land of grand mother. Uncle have Grandfather. Now he wants from ours that is from Grandmothers property. He have Bakshish patra of Grandfather property. 

property which was came from selling another property of Great grand father. Now this is also property by law which should share equally but Uncle are not willing to consider this property and put court case against us.

Is there any law which defend his Bakshish patra as Property mentioined on Bakshish patra is not belongs to Grandfather (He have sell old property of greatgrand father and buy another )

As already explained; uncle being son has equal share in his mother property.

Why don't you post full facts of the matter in one post and in a manner that conveys clear facts.

The great grandfather sold his self acquired property in his life time and gave money to grandfather (his son)? If yes: he can.Your father has NO forced share in it.

Or grandfather being sole heir of his father (great grandfather) sold the property he inherited?

If yes: he can.Your fatwher has NO forced share in it.

If the facts are otherwise post clear facts.

Thanks for Reply

Yes Second fact is right Or grandfather being sole heir of his father (great grandfather) sold the property he inherited? but Grandfather sold property and buy some new proeprty so who is owner of property 

Grandfather alon? or it should share equally amongst all children