• Ancestral property issue

Property issue

My Grand father has 3 sons and a daughter.. all of them are Govt. employees (my father is eldest and retired). Issue is about a land which is my father's grandfather's land. In some hard circumstances my father had to move to this place and build his home here. (WITHOUT ANY PAPERS BEING TRANSFERED ON HIS NAME). He invested all of his money and constructed this house and living in it from past 25 years. Now as my grandfather is very old he wants to divide this small land in all three sons (MY 2 UNCLES ALREADY HAS GRANDFATHERS PROPERTY AND BUILD THERE HOUSES ON THEM). My father had nothing left to purchase or construct a house again. He is old and being taunted all his life for not having a son.. only 2 daughters. We both daughters are married and far away from them. He does not have any property papers on his name... neither he has water connection on his name. He has only electricity connection on his name.. What should we do. ..
Asked 1 year ago in Property Law from Delhi, Delhi
Religion: Hindu

He can claim his share in ancestral property.

Abhilasha Wanmali
Advocate, Nagpur
897 Answers
1 Consultation

4.8 on 5.0

Your grand father can execute gift deed for transfer of land in father and his siblings name

2) gift deed should be duly stamped and registered

3) father can request your grandfather to transfer land wherein he built his house in his name

Ajay Sethi
Advocate, Mumbai
72059 Answers
4334 Consultations

5.0 on 5.0

1. Well, though he is occupying the same property for long , in absence of title he can not claim any right over this.

2. However if it is found that he was in hostile possession of the said peppery during all these years then if the other brothers claim it , your father can take plea of adverse possession.

3. in most likely situation a partition suit is going to be filed to claim the share of your uncles and if that is done your father can take resort to the rule of adverse possession.

Devajyoti Barman
Advocate, Kolkata
18599 Answers
266 Consultations

5.0 on 5.0

Firslty, as the description mentioned in your query, it is quite clear that the land is the anscestral one.

Secondly, which means that everyone has equal rights in it.

Thirdly, but, as your father has alreasy built it, now only option whcih is remaining to give them their share of amount as per today’s circle rate.

Sanjay Baniwal
Advocate, South Delhi
5036 Answers
11 Consultations

5.0 on 5.0

Dear Client,

If your grand father is still alive, he can execute WILL in his favor , so after his life time, your father will be actual owner.

Uncle already have G F `s property, this land can be named in your father.

Yogendra Singh Rajawat
Advocate, Jaipur
16743 Answers
21 Consultations

4.6 on 5.0

1) Get all mutation papers and get legal heirship certificate from court and insert your father's name on the property.

Ganesh Kadam
Advocate, Pune
9026 Answers
74 Consultations

4.9 on 5.0

Hi,

The transfer of property will be equal among all son and daughters of grand father through partition deed.

Ganesh Singh
Advocate, Delhi
3451 Answers
9 Consultations

4.5 on 5.0

Without valid title no one will invest and but the property. You need to file title suit in civil court.

Prashant Nayak
Advocate, Mumbai
16701 Answers
30 Consultations

4.6 on 5.0

1. If the land has remained undivided for four generations then it assumes the character of ancestral property. However, during the lifetime of your father it does not become ancestral in your hands.

2. During his lifetime your grandfather is free to divide or bequeath the property in the manner he desires. He can give a bigger share to one child and lesser to another.

Ashish Davessar
Advocate, Jaipur
27476 Answers
812 Consultations

5.0 on 5.0

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Nishant Bhadoria
Advocate, delhi
73 Answers

4.8 on 5.0

Under the situation, your grandfather may execute a settlement deed in favor of your father.

As your grandfather is willing to distribute the land to all his three sons, let your father offer to buy others share of property at a negotiated amount and get the property registered on his name.

Legally he cannot claim the ownership since the property is still on your grandfather's name.

T Kalaiselvan
Advocate, Vellore
61997 Answers
800 Consultations

5.0 on 5.0

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