Yes if the said property is ancestral then you have matter if right in the said property. If self acquired it's on grandfather will and wish to give you. Or if he without will then it will shared equally
Regarding the property
My grandfather had good amount of property(around 100 acres of coffee land). He married twice and I am the grandson of his first wife. Due to security reasons my grandmother had to move out of the family and there were no official divorce. My grandmother is no more and so is my grandfather. We have no clue about the property now. But we know the place where he belonged to. Is there a way where can get our share?
Asked 5 years ago in Property Law
Religion: Hindu
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20 Answers
We now have no information about my grandfather nor about his second family. We only know the place where our family used to stay. We have to start looking for it from scratch. Where would you recommend for me to start with?
Asked 5 years ago
If he is not there how will you sell it in that case you only can have possession of the property. You need to file police complaint
If you know rhe location of the property you should find the records in the local registry office if there is any transfer of the said land and also you should approach the land revenue department and check on whose name it is.
After that you can file a suit for partition and declaration.
Regards
1. IF you desire to stake claim to the property, THEN engage a local Property Lawyer, inform him about the probable site of the properties. He will arrange to take out certified copies of all the relevant documents, based on which you can file a declaration suit in the local Civil Court, to have the property transferred to you.
2. To know the whereabouts of Grandfather & family, it is best to engage the services of a local Private Investigator (detective) agency, who will try to trace everything about Grandfather & family.
You have to take search in sub registrar office where property is located to find out details of property standing in grand father name
then file suit for partition to claim your share in property
Contact a detective agency and gather evidence of property standing in your grand father name
1. If you do not know the property but know the place where he belonged to then a visit to the said place and inquiries can lead to the property.
2. Once you find out the property then you can file a suit for possession to recover the possession.
Obtain Encumbrance Certificate for the lands to be identified by you with the help of Village Accountant/Revenue Inspector for atleast 50 years. By doing this exercise, you may be able to find out the Survey Numbers, extant of land, boundaries, name of the owners, as per RTC, etc.
Office of Tehsildar, under whose jurisdiction the property of your grandfather exists and lying and being as coffee land , will be a proper records of land for your anxiety to know the series of ownership and owner of land as of today.
File a partition suit on the details you know
Your father, if alive being the son and legal heir of your grandfather can file a suit for partition claiming his share out of his deceased father's property.
If your father is not living then as his legal heir you can proceed legally as suggested to get your legitimate share in it.
It is your responsibility to gather the information about the property, your grandfather's death certificate, the legal heirship certificate of his legal heirs, the property documents and all other relevant information in this aspect, including the details of your grandfather's other family members.
You can take the help of a local advocate to proceed.
Have to check revenue records of grand father place. There you will get the information about land of grand father and than have to file partition suit to claim your share.
Can hire local advocate, he will easily find it.
- Firstly you should try to trace the details of the property left by your grandfather after visiting Registrar or revenue office .
- Further, the second marriage without divorce of first wife , is not legal , hence the second wife not having any right over the property left by him, only first wife having right after the death of your grandfather.
- Further, being the grandson of his first wife , you can claim ownership of the property left by your grandfather after the death of grandmother.
- After tracing the said property , you should take certified copy of the title documents , and apply for entering your name in the mutation record .
Yes you can. You have to go to the place where you lived and ask a lawyer to find out about the ownership rights of that property.
You may also ask dor your share from the current owners.
A 100 acre place isn't difficult to find. Go where you lived and engage a local lawyer.
you can approach the sub registrar's office to obtain a property Encumbrance Certificate and details, there are a few states where you can obtain a computerised details. consult local property lawyer
it is better to consult your local lawyer for better advice
1. You can file partition suit against other legal heirs of your grandfather to claim share from property of your grandfather.
2. For Filing the suit you need to get details of property of your grandfather and any further transfer of property after his death.
