Rights on ancestral property

Dear Jagdeesh,

Your Question is not clear and in details about the "legal heirs" of your Grand-Father.

If the property of the grand father was his self acquired property then this property shall devolve to all his " legal heir "  if he died intestate.

The grandson is not legal heir if his " Father " is alive.

In case father of the grandson died before the death of grand father then grandson being son of the " predeceased son"  get the share in the property which his father would have got if alive.

If your father is alive then you dont have any right till you attain Majorityt.  After attaining majority you can ask and demand  for your right in the property.

Therefore your query is not clear about :

(i)  Legal Heirs of your Grand-Father ;

(ii) Your " Father " whether alive;

(iii) Your Age, whether you a Major OR Minor.

So without the about details no body can advise and suggest you rightly as required by you.  

 

As per the Will,particulars of the ancestral property has been documented.My grandfather has 8 siblings.five son and three daughters.all the daughters have married for more than 25 yeras ago.The rights to ancestral [property have been clearly documented in th will which says that all the ancstral property will be shared equally by 5 sons.

the Question i want to ask is that whether my 3 aunts (i.e 3 daughters of my Grand parents)can claim their share in the property as per the Hindu Law Act?     

Kindly clarify..

If the will is a registered one,it could be enforced.The question of share to the daugeters does not arise.

Thanks very much to Mr.AEjAZ  AHMAD forc larification.  As mentioned by you, I am providing details as below: 1.Property is self acquired by my grandfather 2. Grandfather's one daughter is only alive.  All other sons and daughters have expired.3.  My age as grandson is 53.  4 the decesed sons and daughters have their children alive.  Could you enlighten me further on the legal heir position please?

Dear Jagdeesh Sir,

Still your question is incomplete:-

as you said " All other sons and daughters have expired." 

It is not clear, when they died, either before to your Grand-Father, OR after him. 

 In case there is no person, specified as Class 1 heirs, then property will be dividede among Class 2 heirs.

First, Your Mother only is having her Share in the Property left by your Maternal Grand-Father as " Class - I "  hier.

Then Next, the Sons and Daughters (Grand-Sons and Grand-Daughters except you) of deceased Sons & Daughters of Your Grand-Father can claim in the Property as " Class - II " heirs. 

my grandfather had a home and after his death it came to my grandmother's name and she too died in 1997 and as per her will property is being given to my father and my uncle equally.my father were 3 brothers and 2 sisters out of which one brother and daughter died before grandmother's death only.and in 1995 my mother seperated from my father and after that he is just sending 1/3 of his salary.we are 3 people(me,my mother and my sister) and he is having a good balance in pf too.he is getting retired in upcoming feb.now my question is that can we 3(me,my sis n my mom)get part of property before my father's death and part of his pf before his retirement.

My grandfather died 10 years back. Can my grandmother change the will if the property is ancestral?

I am having 1 brother and 1 sister. My father died in 1940 and our ancestral property ( land) tranferred to my older brother. We are united till 1996. My mother died in 1996 and mutually we (me and my brother) divided the property. I stated using the ancetral property (land) of my share. However I did not registered my name on the property since I had very good relationship with my brother. My brother died in 2002 and in 2007 my brothers sons forcefully taken the ancestral property from me since I did not registered my name on the property even if I am using it.

I filed the case for registering my name on the ancestral property to Tehsildar Office and last year my name is registered on the property.

But now my brothers sons filed case at deputy collector office that no one can register the name on the property after such a long duration even if it is the ancestral property. And also tehsildar or prant do not have rights to add any name on the property.

Please guide me. What should be the next step I should take.

 

Thanks for the Help!

Dear Sir,

My grandfather had purchased a property  in 1985 in Delhi,he passed way in 2010 survived with his wife aged 70,2 son. He has not left  any will stating his legal successors.Property is still in hi sname as on date.My father who is his elder son and is now 61 and his brother is 50+.

We have asked our grand mother to equally share the property but she denied. My question is :

1) if the entire property is transfered in my uncle( father's brother) by grand mother what are our options and is it possible without my father's NOC.

2) If my ill grand mother in futurer passes away ( God forgive) without deciding the share of the property then what are the options with us. I am also a adult trying to resolve this matter,

 

Looking forward for your guidance.

Regards

Varun

Hi All,

I have a issue for which I need suggestions.

The issues is regarding my grandfathers property.

My Grandpa expired in 1999 leaving behind 4 sons and his wife. He had no Will made.

There is a house in my grandpa name's. My grandmom expired in 2012. So now the survivors i.e the the 4 sons of the grandpa are the legal heir for this Property as per my knowledge. Until 2013 this property had my granpa name in the cts extract. Can you please let me know the procedure to get the property transferred in my father and his brothers names in detail. It would help be follow the process in a synhronised manner and get it done faster.  As per my understanding the registration of the property cannot be valid in my grandma's name since first the cts n records of rights need to changed and only then the property registration could b made . Please correct me if I am wrong

my grand father and his 4 brothers have a ancestral undivided property. As per the court order, the property has to be divided equally between them. everyone having rights in  1/5th of the property. all the grandfathers are dead. My grandfather has 4 sons including my father. My father also passed away. Can i purchase other shares of my grandfather's sons & also shares of other grandfathers from their heirs? Is it legally correct ? How can I purchase , by relinquishment or sale deed ? One of the grandfather's son have filed a partition suit 10 years ago. No judgement have been given until now.

Hi,

I have some few queries

a) how do I get the complete land details for the Ancestral property at my native place.

b) curretnly by cousin brother without my knowledge are trying to sell the property or taking the possession for building the house or plant the trees. They are not too informing me on distribution of land that is hold from Ancestral.

 

The following is the tree structure for the land

 

Grand Father

Late Uncle1, Late Uncle2, Late My Father, Late uncle 3, Uncle 4(alive)

Late Uncle1 - one Son, Late Uncle2 - Two Son, Late My Father - One Son, Late uncle 3 - Two Son, Uncle 4(alive) - Two Son.

 

After my grandfather the complete Satbara was in name of Late Uncle2 and all his brother was having faith on him that one day he will give every body rights.

 

But after Late Uncle 2 death his son played a game and transfer all the property on their name. and now some of the property they are taking the possession.

 

How do I stop this. or hold them back or get my rights by blocking them that whatever they have done till date is wrong and need to redo again.

 

Please advice.

 

 

hello sir good evening My great grandfather got two marriages (when first wife die he got anather marriage) both are blessed with a one son. first wife son (mygrand father and grand mother) passed after when my father(born)in 1920- 25. my father was suffering from ill health (fits) so he was not exercise his rights and he died in 1960 after i was born.so the total property enjoied by second wife and his son. in 1941 second wife son sold 3/4 acer. and his wife 1/2 acer (when my father is alive)without the concent my father. now layers say itwas bears limitation period not possible to recovery becouse the buyer is enjoyed a long possession. but in 1941 second son wife has no right to sell this property without signature of his husbend and my father. sir please give me solution to my problem thanking you sir. Most queries are answered within 2 working days, and the response will be emailed to you. You will also get a notification at your registered mobile number 9000257720 once your query is answered. If your query is not answered, or you need an immediate answer, you can book a private consult with one of our lawyers.