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geetu (others)     28 February 2011

Grand father property

Hello sir,

In 1975 my father bought a land (A) with his brother (2000 sqft) and same time one another land (B) on the name of my grand father and my uncle (4000sft).later on an unregistered will my father & his brother divided the lands. labd B gone to my uncle & land A came to my father. My grand father and uncle both died without any will.

later my uncles son divided their land B and taken my father sign on their land ( as a gift).

now my uncle's sons have filled a case against land A as their our no papers.

my question is can me(daughter) & my brother file a case on land B as it came from my grand father?

Thanks



Learning

 5 Replies

Jamai Of Law (propra)     28 February 2011

Were you both siblings borned when....."later my uncle's son divided their land B and taken my father sign on their land ( as a gift)"?

 

 

 

 

 

 

 

 

 

geetu (others)     04 March 2011

we both are married & in our 30s. my father gifted them 5 years back.

Thanks

Law $ aam (Executive)     08 March 2011

you can claim on your ancestral property which came from your  grand faher but the

property which has been gifted by your father to your cousin you can nt claim but here

the matter is how can your father gift the property who belongs to your grandfather..    

so you & your brother can claim on that land legaly.

geetu (others)     08 March 2011

Thanks for ur replies.

The said property is in jalandhar(Punjab).

I have consulted two lawyers in jalandhar but they said i can not file the case whereas in bangalore (i stay here) my lawyer said i can claim on it.

My question is : are the laws diffrent in diffrent states?

If you can help me to know under which act i can file the case it will be very helpful.

Thanks,

geetu

Law $ aam (Executive)     09 March 2011

1. IPC and CPC are same in whole india . some state,s revenue related law may differyou have mantioned a unregistered wiill by which your father and uncle divideed the land. that will was written by whom and who weres the benefeciary? 

2. is the gift deed presented by ur cousins and signed by ur father is registered one ? if not registered then its in ur favoour . 

3.  was ur grand father willed the land B to ur uncle ?

 withh full detail u consult to any good practising lawyer, he will help  you.

 for details you can study Indian succession act 1925 which is easily available on google.


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