• Query on settlement of ancestral property in the name of grandfat

Our ancenstral property(a village natham porampoke property) a house in our village was alloted to my grandfather and in the possession of his only son(my father), who has four sons. My father had predeceased my grandfather and my grandfather had also died. Now my younger brother is enjoying the property and trying to get the whole of the property registered in his name under the pretence of taking care of my widowed/aged mother. Can he get the property registered in his single name. If so what remedy has the other legal heirs have to protect their interest in the property. Also another properties in the name of my grandfather had been divided between myself and my other brothers and my mother thru a family settlement deed, even though my grand father had left behind an will where he has clearly mentioned that his property can be settled only to the male heirs of his only son. Is there any legal problem in the validity of the the settlement deed whereby my mother had acquired a share in the ancestral property. In the meantime my mother had executed a settlement deed thereby settling the property settled in her name in the name of her sons. Can the settlement deed executed by my mother settling her share of property between her sons be revoked and re-settled in the name of one single person.there is no patta on that property.Younger son wants front portion the building.He says he will not allow front portion to otherbrothers. he behaving like rowdy. whats the remedy.
Asked 7 years ago in Property Law
Religion: Hindu

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5 Answers

1) As per grandfather will on his demise property would devolve on you and your siblings

2) entire property cannot be registered in your brother name

3) you can file suit for partition for division of property by metes and bounds

4) mother cannot revoke settlement deed unilaterally

5) she has to obtain court orders to set aside settlement deed then only can execute any deed in favour of one son

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

Your younger brother has no right to get whole property registered in his name because all the coparceners have share in the ancestral property. In this situation you should file a civil suit for partition of the ancestral property and Temporary injunction against the younger brother.By the temporary injunction you can preclude your younger brother to initiate any procedure for getting registration of the property in his name.

Your grandfather's will will prevail over the general law of inheritance and property will be divided according to the will. therefore it will be divided among the male legal heirs only. 

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

1. Who had allotted the porampoke property to your grandfather?

2. Porampoke property means the land of which there is no record kept by the BLRO/panchayat.

3.However, you can file a partition suit claiming share of the property which your brother is denying you.

4. You shall have to suppress your grand father's will for legitimising the settlement of other properties which you have already made along with your mother.

5. Front portion will have higher value and the Court commissioner who will be appointed by the Court to conduct the partition, will ensure that all the share holders get their share of the property .having same value. I.e. the area of the land so divided will vary to ensure that every body gets share of equal value, of the property.

Krishna Kishore Ganguly
Advocate, Kolkata
27453 Answers
726 Consultations

1. If you father died without any Will then all his proeprtes is libale for equal distrbiution among his children and widow.

2.So in other words none of your brother cna can get property registered in his sole name even if he took care of your mother.

3. if your mother so wishes she can give her own share to your younger brother but your respective shares remains intact.

4. Your brother hence cannot insist on front porton allottment.Yu may draw lots to decide which portion will go to whom.

Devajyoti Barman
Advocate, Kolkata
23201 Answers
511 Consultations

The property in the name of your grandfather automatically devolved on the legal heirs of his deceased son.

Therefore your brother who had been enjoying the property cannot claim the entire property as his own property, it devolves equally on all the legal heirs of your deceased father, which includes your mother also.

If he is claiming the entire property, you may file a partition suit and separate possession of your legitimate share in it.

The settlement deed drawn on the lines of mutually agreed conditions which includes allotment of a share to your mother is very much valid.

The registered settlement deed executed by your mother in favor of her sons in respect of her share in the property cannot be revoked at this stage

If the brothers quarrel for allotment of property share and its location, you may aproach the court of law for a proper partition.

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

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