• Claim ancestral property

Hello sir.. I m Rakesh jain living in chennai. My grandfather had bought a haveli in nimaj , pali district of rajasthan around 1935 during british rule. He had four sons and three of them expired and now only my father is alive. Can we claim thay haveli in my fathers name? The problem here is we don't have that property papers. Please advice me and how to get the copy of that haveli too. 
Thanking u.
Asked 1 year ago in Property Law from Chennai, Tamil Nadu
Religion: Other
1)on your grand father demise each son would have 1/4th share in the haveli 

2) on demise of any son his legal heirs would inherit his share of haveli 

3) your father cannot transfer haveli in his name without the consent of other legal heirs 

4) you can obtain certified copy of sale deed of haveli from sub registrar office where the property is located 
Ajay Sethi
Advocate, Mumbai
23173 Answers
1217 Consultations
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You have to first find out on whose name is the property lying now
Find out the survey number of the property and obtain encumbrance  certificate  and find out the  transactions  that took place with regard to that property for the last fifty years;
If you find any transaction adverse to your interest you may locate  the origin  of the said transaction and find out the source of document by apply  for a certified copy from the registrar's  office and can get the opinion of a  local lawyer   to  proceed  further. 
T Kalaiselvan
Advocate, Vellore
13969 Answers
127 Consultations
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1. Did your grandfather leave behind a will? If a will has been made by him the property would vest in accordance with the intention expressed by him in his will.

2. If he died without a will all his children have an equal share in his property. As such, your father is at liberty to cull out his share in the haveli by filing for partition in the court.

3. A copy of the sale deed of haveli can be obtained from the office of the local registrar. 
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
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1. This is not an ancestral property but your paternal property,

2. How do you know that your grandfather had bougfht the said Haveli?

3. Who is in possession of the said Haveli now?

4. Do your demised Uncles left their sons and daughters and/or their wives?

5. However, collect copy of the title deed of the said Haveli and file an eviction suit against the present occupants  from your said property,

6. If there are other legal heirs of your grandfather, then file a partition suit claiming your share of the said Haveli.
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
5.0 on 5.0
1) your father has to issue legal notice to your aunt and other legal heirs for partition of the Haveli 

2) if they dont agree your father has to file suit for partition to claim his share in the property . 

3) your father cannot claim the whole haveli 
Ajay Sethi
Advocate, Mumbai
23173 Answers
1217 Consultations
5.0 on 5.0
1. An oral partition is no partition in the eyes of law if it has not been documented,

2. Unless the property is divided in accordance with the law it cannot be sold by your father.

3. If your father wishes to sell his share in the property he should file for partition in the court.

4. Your father cannot claim the entire haveli as it is owned equally by him and his siblings. 
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
1. Your current quieryb is different from the arlier one,

2.What new papers your Aunt has made to to name her niece as her heir of the property? Is it a gift deed?

3. You may not make any partion agreement but without any such agreement, all the legalheirs of your grandfather are the joint owners of your grandfahter's property,

4. You can not claim the whole Haveli. You can file a partition suit claiming your share of the said Haveli.
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
5.0 on 5.0
If the property is still  in the name of your grandfather, the entitled legal heirs which include your father can amicably partition the properties among themselves suppose this is not possible, then your father can file a suit for partition ad separate possession of his entitled legitimate share in the properties.
This will be the option to be adopted if you want to possess your share in the property.
T Kalaiselvan
Advocate, Vellore
13969 Answers
127 Consultations
5.0 on 5.0

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