• Ancestors property dispute

Ancestors property dispute,

Hi my grandpa had owned 30 acers of land and had 6 kids, one of them was my dad. My mother died when I was very young so he had a soft conner for me and had wrote a agreement with 5 acres of his land. And now we are dividing the land. So by law I need to get the 5 acres of land which my granpa gave to me. 

But my relatives are not ready to give the land, I have sent a leagal notice to them. now they are gonna send me a notice. 

What should I be doing? can you give me any ideas please
Asked 3 years ago in Property Law from Bangalore, Karnataka
Religion: Hindu
1) did your grand father execute gift deed ? was it stamped and registered? 

2) if so you are absolute owner of 5 acres of land 

3) if any notice is issued to you contact a lawyer and reply to notice 

4) if no gift deed was executed nor will made on your grand father demise if there were 6 sons each son would inherit 5 acres each . your father share of 5 acres would devlove on your mother , you and your siblings 
Ajay Sethi
Advocate, Mumbai
45544 Answers
2676 Consultations

5.0 on 5.0

1. Is your grand father alive?.
2. You have mentioned that your grand father wrote a agreement in your favour in respect of 5 acres of land out of his 30 acres land.  Was it through WILL signed by two witnesses or was it through gift deed during his life time or you say through agreement, was it a registered agreement and duly stamped.
3. In whose name is the ownership of the land at the moment?. 
 Please clarify the above questions to enable us to answer your query.
Shashidhar S. Sastry
Advocate, Bangalore
1633 Answers
107 Consultations

5.0 on 5.0

1. What is the nomenclature of the agreement? Your grandfather could not have written an agreement for his property in your favour. He could have made a will. gift deed or settlement deed in your favour. So it is essential to know what is the nature of the document whereby and whereunder, according to you, he wrote the land in your favour. 

2. You have sent the legal notice to your relatives as they were not honouring your proprietary rights. Now wait for their reply. 

3. If your relatives still do not honour your rights then you may go to court to get the property which is lawfully owned by you.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

Hi, if your mother has  execute gift deed then it is valid but she has execute the agreement so you can't claim the share of the property based on agreement.
Pradeep Bharathipura
Advocate, Bangalore
4551 Answers
203 Consultations

4.5 on 5.0

A. How did you come to a conclusion regarding the nature of property is ancestral?

B. Which types of agreement were executed from your grandfather?

C. In case, property is ancestral, your grandfather cannot execute any agreement in favor of you. All class I legal heirs i.e, 6 kids will get an equal share over the property. However, in case, property is self acquired property, then only your grandfather can execute an agreement in favor of you.

D. Therefore, in the absence of a Will (died intestate), first, all legal 6 legal heirs will get an equal share. Subsequently, your father can enjoy the property till his lifetime subject to property is self acquired or inherited from your grandfather.

B.T. Ravi
Advocate, Bangalore
833 Answers
56 Consultations

5.0 on 5.0

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