• Ancestral property

I want to know is agriculture land given by father in law is considered as ancestral property? Actually my grandmother had no brother so her father gave that land to my grandfather.Now my uncle had registered that land on his name without consent of my father. And now my grandfather and my father is no more. So can i claim half land out ot it. Also that time there was no partition of all ancestral property and no uncle claiming that orally partition done.can i claim for that too?
Asked 7 years ago in Property Law
Religion: Hindu

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4 Answers

1. It would be treated as self acquired proeprty as proeprty was transferred by way of gift.

2. If the proeprty was given to your father by his FIL then it is not clear tome how your uncle got that proeprty transferred in his name.

3. if aht the time of transfer your uncle for his name recorded in the gift deed then he would be treated its owner .if not then your uncle has no share in the proeprty and hence can not claim the same.

4. The oral partition though is valid can be challenged in court.

5. So you do not waive your claim.

Devajyoti Barman
Advocate, Kolkata
22917 Answers
497 Consultations

5.0 on 5.0

It is not ancestral property on grandfather demise your father and uncle would be legal heirs

You can file suit for partition to claim father share in property

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

1. This is not an ancestral property at all as defined by law.

2. it is the inherited share of land of your father which your Uncle has registered in his name? You have not mentioned through which document/deed and how he has registered the said share of your father in his name.

3. Has he registered a gift deed executed by his father in his name depriving your father? Or he has just mutated his name only and the property still stands in the name of your grand father?

4. However, you can file a partition suit claiming your share of your father's inherited share of your grand father's properties.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

This property belonged to your grandfather who acquired it from his father in law.

Therefore it cannot be termed as ancestral property.

If your grandfather is reported to have died intestate then your father had an equal share in the property which upon his death shall devolve upon his own legal heirs consisting your mother and your siblings

This is common rule applicable to all the states of the country.

You c an file a partition suit to claim you share in the property.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

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