Leena VM (none) 20 March 2013

Property rights after 25+ years

Property: House in Gujarat and empty. Property tax and electricity I pay in my name.

Ancestor property: no one knows and no record

Whose name: On my name and transferred based on grandfathers WILL documented in Panchayat. WILL is not available or does not exist today. Property was transferred to me in 1985 (I was 20 years old).

Family Tree: My grandfather had two children. Son (my father – passed away) and daughter (widow). My father had 5 children including me.

Problem: My older brother is asking for 50% share.

Does my brother have rights to ask after 27 years or for that matter anyone else to question after 27 years?

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2 Replies

Advocate Rohit (Advocate) 20 March 2013

if it was transfere by will. then there is no question of share in the property. Otherwise, yes every child has a rightin the ancestral property. its better you sell off the property and create a thrid party rights before your brother takes any legal action.

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

Leena VM (none) 20 March 2013

Thank You for the reply.

The only problem is that I do not have a copy of WILL and the Panchayat does not have copy even thought in there register it is mentioned that property was transferred by WILL.

Will not having WILL discards Panchayat register and hence the transfer 25+ years back.