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rajnikant (rajkot)     14 May 2012

Undivided property

HII, MY QUESTION IS MY GRANDFATHER HAD TOTAL 40 ACRE AGRICULTURE LAND BEFORE 35 YEARS,  MY FATHER IS 5 BROTHERS AND 3 SISTERS ALL ARE LIVE, BEFORE 35 YEARS  36 ACRES LAND WAS DIVIDED BETWEEN 3 BROTHERS ONLY, MEANS MY DAD AND MY UNCLE  HAVE NOT ANY PART OF MY GRANDFATHER'S PROPERTY, MY GRANDFATHER  WAS DEATH BEFORE 20 YEARS, AND 4 ACRE LAND  IS ON HIS(MY GRANDFATHER) NAME IN CURRENT SITUATION AND IN HAND  MY UNCLE , NOW MY GRANDFATHER AND GRANDMOTHER  BOTH ARE NOT ALIVE, AND  MY FATHER'S NAME ENTERED IN 7-12 AND ALL DOCUMENT , BUT MY UNCLE NOT AGREE GIVE TO OUR PART SO WHAT CAN WE DO?..BECAUSE MY  GRANDFATHER HAD A LOT OF PROPERTY AT THAT TIME BUT WE CAN'T GET  OUR PART  AT THAT TIME  ..SO PLZ REPLY..



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 4 Replies

S Jadhav 98336 98330 (Jadhav & Associates)     14 May 2012

Please mention which state the property is in.

You may have to check the heirship register which is maintained locally and verify that all the heirs of your grandfather are mentioned in it. If it is then you may have to sit together as a family and distribute the land to the heirs in an amicable manner and this deed will have to be registered.

If you cannot arrive at an amicable distribution then until then your father's name would remain in the title records as a heir like all other heirs. You may also put in your name as heirs on the records as it is an ancestral property.

 

S Jadhav 

rajnikant (rajkot)     15 May 2012

THANK'S JADHAV SIR,

                        OUR LAND IS IN GUJARAT STATE, AND MY FATHER'S NAME IS ALREADY ENTERED BEFORE 2YEARS AS A VARSAI, AND ALL HEIRS NAME ALSO IN REGISTER, BUT MY UNCLE SAID TO US THAT   HE WILL NOT GIVE  OUR  PART AND HE SAID THAT WHATEVER YOU  (MY FATHER) WILL DO YOU CAN DO IT..SO PLZ ANSWER ME NOW  MY GRANDFATHER AND GRANDMOTHER BOTH ARE DEATH, SO NOW  WHAT'S A WAY...

S Jadhav 98336 98330 (Jadhav & Associates)     15 May 2012

Good that you are aware that your father's name is entered as a heir.

You may settle the distribution among the heirs and then register the settlement deed. However, if your uncle refuses to sit down and discuss with you, then you may file a case against him in the Mamlatdar or Tahsildar' Court for which you may have to hire a local person. If the heirs do not settle the distribution of the property then it iwll be settled by Court order and it takes time. Your uncle knows this probably and is trying to get more share by purposely acting like this because you may agree to a lesser share than what is your correct share.

I suggest you settle among yourselves by involving an elder in the family instead of fighting like this.

S Jadhav

rajnikant (rajkot)     17 May 2012

THANK'S JADHAV SIR, I HOPE THAT YOUR INFORMATION WILL BE HELPFUL FOR ME, AND THANK'S A LOT..


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