• Ancestral property in Bihar

We have 2 houses and 8 bighas of land which was inherited from our forefathers in my village . When my grandfather died all the payments receipts pertaining to the property was transferred to my fathers name being the eldest. My father were 4 brothers ( all 3 uncles are from 2nd grandmother) . Subsequently my father passed away in 2004 and my uncle transfered the property in the name of my grandmother ie their mother who is still alive. 
1. Can my grandmother exclude me from share in the ancestral property as my father has passed away. 2.can my grandmother sell the property without anybodys consent. 3.what are my legal recourses...Can a file a legal case without having the exact details of the property /papers seeking intervention to get my share. 4.how much time does it take for the same.
Asked 6 years ago in Property Law
Religion: Hindu

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14 Answers

1) grandmother  cannot exclude you from share in ancestral property 

 

2) grand mother cannot sell the property 

 

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

 

4) you have to mention details of ancestral property 

 

5) suit for partition takes around 15 years to be disposed of 

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

1. On the death of your grand father , both your father, grand mother and the children out of it inherit the property .

2. SO your grandmother can not become its owner in full share.

3. So Your grandmother can not sell the property without your consent either

4. Now it is not clear when those properties were sold. If it is many years before then there is no point of doing so.

5. if any property is still left then file a suit for partition and injunction.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Your right to the property is by birth.nobody can take away your right.

You can at any time in future claim your right. Any transfer settlement of the without your consent shall be void .

You can also claim a partition to the property as of now.

All transfer made so far are totally illegal . These are void in law.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

1. No she just have her share on the property she cannot.claim the complete property you can file a partition suit on the property for your share.

2. No she cannot sale the property. 

3. You can file a suit of partition before the court seeking  your share from the property. 

4. A partition suit may take some  time to settle.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

All have 1/5th share each and your father 1/5th share will inherit in you. Mere transfer in gand mother name dose not loose your inheritence right.

Grand mother give her 1/5th share to any but cannot deny your father share to you.

She can sell only her share.

You can file partition suit to claim your father 1/5th share. Case takes time but you can obtain stay from court , not to sell property.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

1. Since property is classified as "Ancestral Property", the same CANNOT be transferred in any one persons names, more so since all residual legal heir of the property holder, is entitled to EQUAL share in the ancestral property.

2. Try to settle amicably, since the only legal option left is to file a Civil Court suit for Partition of the ancestral property.  Certified copy of the Land documents can be obtained from the Tahsil office, which can be done using the services of a local Property Lawyer.

3. Time taken for such Partition Decree, shall depend on the pending backlog cases in the civil court. However this usually takes from 1-5 years for final order.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

1. No she can't exclude you from the share of ancestral property. 

2  no she needs every ones consent for the sale

3. Yes but you need to file the same at appropriate court. 

4. It will take some time exact time cannot be quantified

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

1. Your father's share out of his father's share in the property shall devolve equally on his own legal heirs i.e., you,m your siblings and mother.Your grandmother cannot deny this.

2. No, you can object and file a partition suit and also seek an injunction restraining her from alienating the property till the disposal of the partition suit.

3. You can get the proeprty details by applying for certified copy of the property documents from the registrar's office and then file partition suit as advised.

4. The time taken for this cannot be predicted, it may take years to get disposed.

 

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

as per Hindu succession act, you have half share in the property. the family tree wil get divided below your grandfather's name two wives and below that there sons and daughter and below that grandson and grand daughter.

 

So now the property will get divided between two wives 50-50% sharing ratio.

 

 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

The property is an ancestral one. You have a share. The mutation only means that who pays the revenue. It cannot b3 a determinant of ownership.

A partition suit can be filed. It will take 1 2 years to settle this matter.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. Your father had a definitive share in the property if your grandfather died intestate. The uncle could not have transferred the entire property to his mother. He could have transferred only his share, not beyond it.

2. You can file a suit for partition to cull out the share of your father and also challenge the transfer made by your uncle. Also seek injunction to restrain them from creating further third party rights in the property.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

ancestral property be cannot be sold without consent of successors in case of major and in in case of minority you might have to take permission from the court. And if property disposed without consent can be reclaimed.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1) Your Grand Mother (GM) cannot exclude you.

2) No your GM cannot sell the property without consent of all.

3) You have option to file suit for partition of the said properties.

4) Partition suit will take around 20 to 25 years to reach final conclusion.

Better option is to go for compromise whenever it arises.  It will help you to enjoy the fruits, further, avoid unnecessary protracting of litigation.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

1. Yes if the property is currently at name of your grand mother then she can exclude you from share in the property but if Title of property is still on name of great grand father then she cannot exclude you from share. 

2. Yes 

3. You can file partition suit to claim share from ancestral property. Yes you can file case without proper details of property but atleast you should know the location and area of property to be partitioned.

4. It can take years to get your share. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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