• Rights of Granfather property

My Grand father died 5 years back and My grand mother is alive,My grand father had 2 young brother,My grand father father had around 12 to 15 acres land and in that 4 to 5 acres land my grand father cultivating and did not have any khatha for those in my grandfather name,my father died 28 years back ,in between some querrel happened with grad father brothers sons and some property they have acquired and for me 2 acres land left that one we are cultivating since 20 years and for that land Khatha is with my grand father younger brother son,he made khatha by cheating at that time I was a minor and my father was not alive and we applied to local court but did not suceed but we are still cultivating and some of grand father father property is not yet khatha made its under issue.

Can I get if I applied for my Grand father property?

one more question 3 acre land was bought 25 years back by my grand father and his brother and one more relative,we have registered documents,1 acre land khatha is separtely made for other relative and 2 acre land khatha is with my grand father younger son,he was telling he will give our part of land ,when we made all documents and went him asked for signature he did not sign and telling cock and bull story .

Can I get 1 acre land of my grand father which is baught?

My grand father had 1 son(who is died) and daughter she is alive and from her side no problem she is given all consent to take my grand father property,my grand father wife is alive and she stayed with my mother inlaw house(grand father daughter house).

Thanks and Regards
Yogish K
Asked 7 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

3 Answers

On great grand father demise his 12 to 15 acres land would be inherited by your grand father and his siblings

2) you have not mentioned in whose name said land is standing as on date

3) if land is still in great grandfather name then parttiiin suit can be filed by you for sibilant of land by metes and bounds

4) as far as 3 acres of land bought by grandfather and his siblings if you are bale to prove that it was bought out of funds contributed by grandfather you can file suit for partition of said land and claim your grandfather share as legal heir

5) you should file suit proceedings on behalf of grandmother , your aunt and your self and claim share in said land

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

Property inherited by a Hindu from his father, father's father or father's fathers' father, is ancestral property. Property inherited by him from other relations is his separate property.

Property inherited upto 4 generations of male lineage is called as ancestral property. The right to a share in such a property accrues by birth itself, unlike other forms of inheritance, where inheritance opens only on the death of the owner. what has been inherited by their respective predecessor.

In your case the great grandfather had 12 to 15 acres. Check the properties title is in whose favour. If property is still in great grandfather name then file a partition suit for getting your share. The Supreme Court of India has said that women do not have the right to inherit ancestral property if their fathers died before September 9th, 2005. The view of the Supreme Court is that amended provisions of the Hindu Succession (Amendment) Act, 2005, do not have retrospective effect. The father would have to be alive on September 09, 2005, if the daughter were to become a co-sharer with her male siblings.

In the case 2 acres out of 3 acres you should search whose favour is registered the original title deed of the property. If it is in your grand fathers name then you have only right to get the share of your father if he was alive .File a partition suit for getting share.

Ajay N S
Advocate, Ernakulam
4080 Answers
111 Consultations

5.0 on 5.0

Can I get if I applied for my Grand father property?

If your grandfather died intestate and this property belonged to him then you are entitled to a share out of your father;'s share in it.

he was telling he will give our part of land ,when we made all documents and went him asked for signature he did not sign and telling cock and bull story .

Can I get 1 acre land of my grand father which is baught?

Your grandfather's property left behind after his death, shall devolve equally on all his legal heirs which include your grandmother, your grandfather's other children including your deceased father's own legal heirs consisting yourself, your siblings and your mother.

Thus you may organise together all those who are entitled to the legitimate share and file a partition suit against your grandfather's brother's son seeking your rightful share and separate possession of the same.

.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer