• Right in father’s property

Hi,
my grandfathers property was not divided, know my uncle wants to get the property divided.
my dad is past away, I and my sister wants to know if we are eligible with equal share with my uncle or we will get one share which belongs to my dad.
I also want to know from where can i get records of my ancestral property.
Asked 8 years ago in Property Law
Religion: Hindu

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7 Answers

1) on father demise his share in property would devolve on your mother , you and your sister

2) agree for division of grandfather property

3) you can take search in sub registrar office and obtain records of ancestral property

Ajay Sethi
Advocate, Mumbai
99977 Answers
8160 Consultations

1. Your grandfather's property will be divided amongst his two legal heirs being your father, since deceased and your uncle (assuming that your grandmother is no more).

2. Since your father has demised, you shall inherit his said inherited share of hi father's property.

3. You can conduct search from the registry office in your grand father's name as title holder of properties to ascertain properties of your paternal side.

Krishna Kishore Ganguly
Advocate, Kolkata
27736 Answers
726 Consultations

Your grand fathers property does not comes under the head ancestral property . Ancestral property is defined as the property whose title has not changed for last 4 generations i.e. from great grandfather to great grandson without being interrupted by any partition/settlement/sale/gift deed or will. If it is not so, then it is not an ancestral property.

So after the death of grand father his property inherited to his legal heirs ie; his children and wife equally.

You and your sister can get the share by way of succession. Both of you can only get the share which is allotted to your father.If any person does not wiling to distributed the same,then you may approach the civil court by filing partition suit.

Ajay N S
Advocate, Ernakulam
4125 Answers
114 Consultations

You and your sister and any other siblings

along with yor mother are entitled to your father's share in the property.

You can get the details and copies of the ancestral properties from the jurisdictional Sub-registrar office.

T Kalaiselvan
Advocate, Vellore
90179 Answers
2506 Consultations

1. Since the property of your grandfather was not divided it devolved through succession on his children. On the demise of your father his share further devolved on his widow and children. So you have a definite share in the property which you may cull out by filing a suit for partition in the civil court.

2. The records can be obtained by conducting a title search in the office of jurisdictional sub-registrar.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

your father's share shall be devolved upon you and your sister. it shall be devolved on your sister if your father died after 20 sep. 2005 otherwise it shall be devolved upon you only.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

when a property has been devolving from generation to generation it is called ancestral property. you can get all the records from collector's office. lank book records shows nature of the land. it is mentioned in the record that it is ancestral property.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

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