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jas (auditor)     08 October 2008

regarding ancestral property

i belong to sikh family. my grandfather came from pakistan and was alloted land in punjab.he died without making a will.he has 3 daughters and one son(my father).my father transfered this land on his name and got the share written on his name from his sisters.we r two brothers.me,my brother and mother stayed away from my father for 15 years.but after 15 years we went back to stay with my father.my father transfered some land on my mothers name.now my parents are selling all the land that was alloted to my grandfather.i want to know if this is my ancestral property as my father states that we never resided with him so we never formed hindu undivided family and so its not ancestral property.so can i ask for my share in it i'm an NRI.ANY FAST TRACK COURTS DO THEY EXIST FOR NRI's  my grandfather passed away when i was 17 years of age



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 9 Replies

aruntrivedi (lawyer)     08 October 2008

Dear Jas - Your exist in the property. Under Hindu Law and read with other Law you are entitle for share in ancentral property. Engage local lawyer and first issue them notice and then approach appropriate court for stay order against sale or transfer and thereafter for allotment of share in the property and division of property. There are no separate provisions for NRIs for putting cases before Fast Track Courts and also with respect to the property. You have to go through the routine and regular Civil Court of your jurisdiction.

jas (auditor)     08 October 2008

thank you so much Mr. trivedi for your invaluable advice.i will initiate the process.

Ajay kumar singh (Advocate)     08 October 2008

You will get a meagre share in the property.The shares transferred to your father by his sisters are his self acquired property.You can get your share from what your father got as his own share.

prof s c pratihar (medical practitioner &legal studies)     08 October 2008

Trivedijee a sr lawyer .pl follow his advice. collect all legal papers about  the property you are asking for. if you wont have you can apply according to r ight to information Act..you must have these vital documents.

jas (auditor)     03 January 2009

Thanks a lot to all the members for helping me out in my earlier above post.i took your advice and went and filed a court case and gave the evidence that proved that the above said property was my ancestral property and that my father inherited it from my grandfather when he died.i'm demanding in court 1/3rd share to be put in revenue records as i have one sibling , a brother hence 1/3rd share.my first question is that the declaration of my 1/3rd on the revenue records is it called partition? my second question is i'm married and if a child is born to me after 1/3rd share is declared in the revenue records will my child have share in the joint family property or just in my 1/3rd share? the joint property is mushtarak khata. i'm an NRI and if my child is not indian born can it still inherit ancestral property? kindly reply me at the earliest.

gagendra gautam (student)     04 January 2009

we r living on the land belonging to our grandfather.now there are many shareholder .the land is divided for living but not accuratly.now my neighbour built pucca and drop chazza over my roof.he is also the shareholder.


what should we do?

jas (auditor)     04 January 2009

please reply to the above query by jas thanks

jas (auditor)     04 January 2009

please reply to the above query by jas thanks

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     08 January 2009

Yes Mr. Arun Trivedi is absolutely right. U r having a right to get share of that property. For further querries & help to handle the case u can contact me at: rakhibudhiraja@gmail.com


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