Leena VM (none) 31 March 2014

Defination of ancestral propert

My grand father built this house. There is no proof other than everyone knows his parents did not have money.. No record in gram panchayat because he may have built in 60+ years back.. My brother stays for couple of days a month (he has his own sepaate primary house). House is generally empty

My grandfather died in 1981. Property was transferred in 1988 to me (grand son) based on WILL (written in gram panchayat record). No one has made any complaints yet.

So I am trying to be proactive since this is a case of transfer of property with WILL but WILL is lost forever. (still small remote village)

Based on this info, am I owner of this house OR is this considered ancestral house (there is no proof of 3 generation of transfer)?
Can my grad father's children or grand children file a lawsuit against me for the share.

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6 Replies

Dr J C Vashista (Advocate) 31 March 2014

Did you get the will probated in your favour? if not engage a lawyer and proceed

adv.raghavan (Advocate,9444674980) 31 March 2014

If probation was not done earlier based on the WILL, there is every chance of legal heirs of your grand father claiming a share in it.

Leena VM (none) 31 March 2014

Thank you Sir

Unfortunately, in a small villages no one understood steps to take after the death to transfer property. Now it is coming to bite. So no probate, no one, who is alive, has seen the WILL. The only mention of WILL is in the Panchayat register when property was transferred.

But, is this property considered ancestral?

Is there a statute of limitation to ask for it since I have this for last 25+ years?

T. Kalaiselvan, Advocate (Advocate) 31 March 2014

If this was built by your grandfather, it will not become ancestral property. Moreover since the property was transferred on your name in the year 1988, by a Will, you become an absolute owner of the property, nobody can claim a share in it now. However, what about the related documents or papers pertaining to the property and under whose possession is the property now?

Leena VM (none) 01 April 2014

Thank you Sir,

The only way everyone knows that my grand father built the house is that his ancester did not have money. There is absolutely no record of this property any where other than he is transferring this to me in the gram panchayat.

House is empty. I have keys. My brother started going once a month for couple of days. Revenue department has my name for the property, I have paid property tax and electricity for so many years. My father passed away and he went some times. This is no one's primary residence.

I was told that since there is no WILL document (no probate) my brother will fight in the court. He already sold his property that grand father gave him (no paper work).

Also I was told that there is no statute of limitation for ancestral property (I do not consider this as an ancestral property since it did not come down 3 generations down).

I am getting conflicting answers from all so I am trying to get an answer from learned community in this forum.

Dr J C Vashista (Advocate) 01 April 2014

If you donot have any record/Will in your favour, it is undivided property of all coparceners and not alone yours.Engage a local lawyer, seek his/her advise and proceed, there are certain concealed facts which can be brought to the light by the counsel only.