Great grand father acquired land passed to his son my grand father which in turn passed to my dad and his 2 brothers in equal shares. There are 2 different survey no in which all three brothers had equal shares. father's brothers sold land to seller. We had possession in only 1 survey no, as we wanted in only one survey no so it is at one place. As mutuaal understanding our share in different survey no was resistered to their seller. For the same equal proportion both my dad brothers had executed sale deed on my name. Now during this registration my father's brother major daughter was not there. Is her signature or no objection is required? Is this is a ancestors property, will there be any issues in future. My dad brother and son had signed but the daughter signature is not there? Now we have my original father acquired share and his brothers registered land on my name in one survey no.
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Daughter consent would be required as matter of abundant caution
2) property which has remained undivided for four generations is ancestral property
3) in case any partition has taken place it ceases tu be ancestral property
4) if grand father had executed partition deed beteeen his sons ie your father and his brothers it would not be ancestral property
1. This is not an ancestors property since there is no uninterrupted flow of title from your great grandfather to you and there has been transfer of the title of the property in may ways from your great grandfather to your grandfather, father etc.
2. Since it is not an ancestral property, there is no need to involve any person other than the title holders while dealing with the said property or any part thereof.
1.Though it is not clear by what means the grand father passed on the proeprty to your father and uncles.
2. if they got this proeprty in inheritance on death of your father then the same would be considered as ancestral proeprty of your father.
3.In that even the daughter has share in it but in the sahre of your uncle ,not in your father's and hence in the registration her signature is not required.
Now during this registration my father's brother major daughter was not there. Is her signature or no objection is required?
Since this property cannot be treated as ancestral property and as it is legally your father and his brothers own and absolute property, their wards need not sign the registration of sale deed nor they have exercise their NOC for this sale.
Is this is a ancestors property, will there be any issues in future
This is not ancestral in nature, hence dispute in that respect may not be maintainable.
Here are little more details, my great grandfather had earned this land from his saving. When he died it passed to my Grandfather and his brothers on equal shares. After my grandfather died it passed to his three sons in equal shares. There is only 3 generations and didn't passed to next generation. Now my uncle's had done registration of land by sale deed on my name due to the exchange of survey no. Is this ancestors property? Property was on my uncle's name and as this is agricultural land only passbooks are there when they acquired after death of grand father.
In that context no changes required in my earlier reply.
1) it is not ancestral property
2) your uncle can execute sale deed in your favour
The property purchased by your great grandfather was already partitioned among his sons.
They have become individual owners of their own shares by that position.
In turn your grandfather divided and distributed his share in the properties among his sons by another partition.
This confers title to the individual shareholders as absolute owners.
Thus the property cannot be considered as ancestral property since it has lost its nature once it was partitioned among your grandfathers.
Thus the property in your hand now is not ancestral in nature or character.
Since the property was transferred by your uncle to your name by a registered sale deed, you shall be the absolute owner of the property with marketable title conferred on you.
this is not ancestral property. it needs to be devolved upon third generation without partition. but it is partitioned by the heirs of second generation. sale deed is made in order to exchange so that lady has no right to claim her share in this property. her consent is not required in registration of this property.
1. No, it is not an ancestral property at all.
2. Ancestral property is defined as the property title of which flows uninterrupted for 4 generations i.e. from great grandfather to great grandchildren without ant partition/settlement/gift.sale deed, which is not applicable in your case.