Originally posted by : Dr. J C Vashista |
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The factual information qua inheritence and/or acquisition is provided in bits and pieces, wherein initially grandfather had the only son (father of author) subsequently it changed to exclude his wife, mother, isn't it? However, I fully agree with the opinion and advise learned expert Mr. T Kalaiselvan. |
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Sir, Final overview of my case,
Grandfather have self-acquired 20 bigha agricultural land.
No generation has ever lived in a joint family. Every generation has lived its life as a nuclear family.
1st generation(my grandfather) = After his death without will/gift deed, class 1 heirs (his mother, his wife, his one unmarried daughter and his one son) have rights in property. But my grandfather's mother and his wife is died and his unmarried daughter is alive. Only two class 1 legal heir left i.e one is my father and other is unmarried aunt.
2nd generation (father/unmarried aunt) = my aunt is alive and my father is alive and my mother is also alive and two sons(me and younger brother) are also alive and no daughter. my father and aunt never got the title transferred to own name through any document like legal heir certificate/succession certificat/partition deed.
3rd generation (me/younger brother) = both i and younger brother are alive, i have only one son and younger brother also have one son.
4th generation (my son 10 yrs old)
Qus1) A big confusion is that from where we will consider whether the property is undivided from first generation or second generation in my case ? Is there any role of future 5th generation ? Plz clear
Qus2) Now we are reached at 4th generation and still undivided from all generations, is this property of my grandfather considered as self-acquired or ancestral at present date ?