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sagar pednekar (-)     24 January 2013

Dispute over ancestral property

 

Hi to all,

I am new to this forum. Don't know much about law things. Recently may family is facing an ancestral property dispute which is going on between my father and my cousin uncle. It is a little complicated for me to explain but I'll give a try.

Ok so it begins like this:

1. We have a piece of land in our native place which is purchased by my grandfather IN THE NAME of his father (my great-grandfather). 

2. After my great-grandfather's death, the land went to my grandfather only and no other children - as the land had been purchased by only him. There was no will stating that the land was to be divided among all his children.

3. So obviously, after my grandfather's death, the land  went to my father. 

4. My father recently built a house on that. Then suddenly from nowhere my cousin uncle (son of my grandfather's sister) comes and asks my father to enter his name in the acquired property. 

5. My father is refusing to enter his name in that property because, the land was actually PURCHASED SOLELY by his father, without any contribution from his sister, and that too after his sister's marriage. Hence there should be no right of his sister on this property.

6. So my question is, because my grandfather purchased the land in the name of his father will then his sister automatically become eligible to share this property with my father, in spite of there being no will stating the same?

I've attached an image with this post just to clarify all the relations.

Thank you.   



Learning

 3 Replies


(Guest)

@Querist,

 

Ignoring all your questions upto number 5 because of  your futile arguments,where you have tried both questioning and answering simulaneously.

 

Coming to question number 6,In your case, If your great-grandfather died before 1956,then your cousin great-grandmother has no right on her father's property.After and onwards 1956, You must give her heir's due property notwithstanding anything contained in your given facts.

 

Note-This reply should be taken as per the declaration given in my profile page.

 

Thanks,

Regards,

sagar pednekar (-)     28 January 2013

Thanks a lot for replying Sumitrra,

We will keep this in mind. But I would like ask you one more thing that, After my grandfather the only caretaker of the mentioned property was my father. Heirs of my cousin grandmother were not interested in this property. Will this adds any extra privilege to this case? 


(Guest)

@Querist,

 

1.Care-taker doesn't mean the ownership.

 

2.If you enjoyed the privilege of ownership(emphasis added on privilege) without getting it challenged by other parties for more than 12 years(if i am correct), it will add to your extra benefit.

 

I believe you require no further enquiry in this regard.

 

Note-This reply should be taken as per the declaration given in my profile page.

 

 

Thanks,

Regards,


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