• Living on paternal property for 31 years but registry is with relatives

I am living on my paternal property for past 31 years. That include my father, mother, brother and sister. The property is in the name of my grand father. There was no will as far as I know and the land registry is with grand fathers elder brother (my tauji), who, along with their kids are living separately in their own house. Upon asking several times about the registry, they are not wilfully giving straight answer. Please suggest what can do be done.
Asked 4 years ago in Property Law
Religion: Hindu

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16 Answers

Hi

You can proceed with the partition deed, through that you can achieve the ownership of the property you legally deserve from the grandfather's part.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

If the property was in your grand fathers name than your father has succession right on it in absence.of will.

To seek property documents you.can seek title from. Sub registrar's office.also you will find.copy.of.registry there.

Also if they by any false.means try to.change document you have adverse.pession of.property from 31 years so cannot.ask to vacate.

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
171 Consultations

5.0 on 5.0

1) on grand father demise property would devolve on your father and his siblings

2) apply to sub registrar office and obtain certified copy of documents of title

3) apply for mutation of property in name of father and his siblings

4) enclose grand father death certificate

5) receipt of payment of property taxes till date

6) if there are no objections received mutation would be done in your father name

Ajay Sethi
Advocate, Mumbai
87212 Answers
6048 Consultations

5.0 on 5.0

1) If property is in your grandfather's name than you can enter names of all legal heirs on the property card by apply all legal heirs name and registered it all documents. You can get documents from registered office as well.

Ganesh Kadam
Advocate, Pune
12308 Answers
184 Consultations

4.9 on 5.0

Make searches in the local registration office to find out the title deed.If the deed was registered you will get a certified copy of the sid eed for sure.

Please note that if the land was purchased in the name of your tauji then unfortunately your father will not have any right in the property.

However if the property was purchased in the name of your grandfather then your father has due share in the proeprty along with his brother and sister, if any, as the same is considered to be his self acquired proeprty .

So it you have reason to believe that the property was purchased in the name of your tauji then do not raise dispute anymore.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
390 Consultations

5.0 on 5.0

Manyawar, Registered paper for your parental house can be obtained in the office of Tehsil. Please contact with your local Lekhpal or local lawyer who is actually in Tehsil as daily visitor.

Raj Kumar Mishra
Advocate, Allahabad
165 Answers
2 Consultations

4.5 on 5.0

you have no other option but to proceed legally against your relatives as they are not interested in amicable settlement

Ajay Sethi
Advocate, Mumbai
87212 Answers
6048 Consultations

5.0 on 5.0

I presume that you are Hindu. Try to get relevant documents in respect of property, if you would find that the property is belong to your grandfather then your father has proportionate share with his brother and sister.But if you would see that the property is belong to your tauji and the same was gifted by your grandfather during his life time by a registered deed then your father has no right.

Minansu Bhadra
Advocate, Kolkata
444 Answers
31 Consultations

4.9 on 5.0

1) You said property was on your grandfather's name. Do you have that property papers and check with grampanchyat or municipality for the search report or whose name the property is from last 40 to 50 years. In that all sale transactions and transfer of ownership or settlement or partition done.

Ganesh Kadam
Advocate, Pune
12308 Answers
184 Consultations

4.9 on 5.0

its depend on the documents, if there is any documents regarding the settlement of partition between the share holders then ok, otherwise the property will be partitioned between the parties legally.

you may get the certified copy of the documents from sub registrar office of your area.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
299 Consultations

4.9 on 5.0

It is one's unimpeachable title and uninterrupted possession shall establish his/her right to enjoy the property. As no document is with you, you may be stripped of the possession. Therefore, search for the documents to establish your possession and it may help to defend in case of legal battle.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

By theory of adverse possession u have already assumed actual owner status.

Adverse possession is a doctrine under which a person in possession of land owned by someone else may acquire valid title to it, so long as certain common law requirements are met, and the adverse possessor is in possession for a sufficient period of time, as defined by a statute of limitations.

12 years.

Yogendra Singh Rajawat
Advocate, Jaipur
21482 Answers
31 Consultations

4.4 on 5.0

You can get the copy of the registry from sub registrar office. Being ancestral property you have right in the said property.

Prashant Nayak
Advocate, Mumbai
26719 Answers
79 Consultations

4.4 on 5.0

Firstly, You should take Lekhpal in confidence and try to find all the papers related with this parental house. Or a capable lawyer can help in this regard with proper secrecy.

Raj Kumar Mishra
Advocate, Allahabad
165 Answers
2 Consultations

4.5 on 5.0

If there was any share to your grandfather in the property, then his son, i.e., your father alone is entitled to inherit the same as sole legal heir or one among the legal heirs of your deceased grandfather.

Neither you nor your siblings have any right over the property especially during the lifetime of your father.

Your father can file a partition suit against his paternal uncle.

T Kalaiselvan
Advocate, Vellore
77366 Answers
1458 Consultations

5.0 on 5.0

You have no other option than to opt for legal method for claiming the property.

At this juncture, you may either organise a peace talks with others and get your property legally transferred to your father's name or file a partition suit to claim your father's legitimate share in the property left behind by your grandfather.

T Kalaiselvan
Advocate, Vellore
77366 Answers
1458 Consultations

5.0 on 5.0

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