• Land from maternal uncle to nephew

Hi,

My father has a land shared along with my other 4 uncles. This land they got from our grandfather. Grandfather is deceased in 1991 and he had got same land from his maternal uncle who had adopted him since his childhood. Grandfather's uncle didn't have son so very near successor  was my grandfather only. So, apparently, grandfather's uncle had different surname and we have different surname. I will explain family tree below:

Suppose A has two kids B and C, and B and C has there own kids B1 and C1, respectively. Also, B1 has kid B2, and C1 has kids C2, C3. And say, X is my grandfather who is nephew of B2, and B2 doesn't have kid.

Now problem is C3 has claimed for X's land came from B2, since X is having different surname than B2 and B2 and C3 surnames of those are matching to each other. Also, he has (C3) filed case against X for fraud in land transactions and claiming for same.

C2, that is C3's father, and X were good friends and neighbors and C2 never filed case against X for wrong doing. But greedy C3 is doing this. How should I proceed for this and what outcomes I may expect?
Asked 2 years ago in Family Law from Pune, Maharashtra
Religion: Hindu
what documents do you have to support that  your grand father had got same land from his maternal uncle who had adopted him since his childhood ,is there any will or any transfer of the property by maternal uncle to your grand father
Rajeev Bari
Advocate, New Delhi
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it appears that you dont have adoption deed of your grand father . nor any will made by your grand father maternal uncle in favour of grand father . it appears on your grand father death property devolved on his 4 sons including your father . if case is filed for fraud fight case on merits . without seeing case papers cant advice further
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
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in case of no will ,the property will be divided among legal hiers
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
all sons and daughters of your grand father
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
my pleasure
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
if you have all the documents consult a local lawyer .
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
The entire case hinges on any document which can go on to to prove that your grand father was adopted by his maternal uncle. It also appears that your grand father's uncle made no will in favour of your grand father. 
As per your own statement all the documents of land are in the name of your grand father, in which scenario the property was to vest equally in all the 5 children (including your father) of your grand father after former's death. Hence. all the children of your grand father being heirs to him have an equal share in the land. If a case for forgery of records of land has been filed then the same needs to be contested on merits. Consult a lawyer personally with all the documents in your possession.
Ashish Davessar
Advocate, Jaipur
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Matter already replied.
Fateh Chand Sharma
Advocate, Noida
86 Answers
1 Consultations
4.7 on 5.0

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