Rights on ancestral property
Our Grandfather had owned certain acres of agricultural land ( ancestral property )from his father. We have lost our grandparents years back. my father are 5 brothers ( 3 of them are no more ) & 2 sisters ( 1 is no more ). My father & his 3 brothers had their own jobs, except the elder one who took care of the whole land right from my grandparents time,but gave nothing from the income or the yield to any of his siblings, nor his parents when they were alive ( neither lived with them )but was enjoyed only by his family ( wife,1 son & 3 doughters including himself ).Years back when it was to be divided,he was adament not to part with the land,but agreed to give in the form of cash to all his 4 brothers.But that was also not done. now both the uncle & aunt are no more,son who is married but no issue is not in a possission to take care of himself is taken care only by his wife. His father got him married against the wishes of his sisters. (they had their eyes on the property & hence never wanted their brother to be married.Neither they took care of him ). After my dad's brother death,the doughters have filed a case claiming the whole property. The case is on. My uncles have children. This is against we cousins,3 male members & 6 female,all married. None of us,neither our father,his brothers & we all children have ever had anything in cash or the yield from this ancestral property. The case is going on between my father ( who is 87 years old, who attends the court solely for all the hearing in favour of the whole family members.My uncle who is elder to my father is 89+ cannot attend the cases for his age factor. All his nephews are away working at different places,who never attended. BUt this is for them all. I am the elder doughter ( we are only doughters )of my father. We have never interfered in his work, but he needs our support. Now we feel very bad,as he is also old & gets tired as his arguement for the property is for his kith & kin. I want to know each one of ours rights on the property, so we can help my father on his claim.As this is going on for few years now,pl give me the genuine sujjestion to fight for the same where it can be decided soon according to the law. Looking forward for the reply at the earliest.
Asked in Property Law from kodagu, Karnataka
how soon can i get the suggestion
Asked 3 years ago
you father who is 87 years old can make application for expedited hearing of suit as he is a senior citizen . court will grant the application and expedite final hearing
Please let us know In whose name the title of the property stands.
Why does your father attend court on every hearing? He does not have to personally appear in court on any hearing. The presence of his lawyer will suffice.
Being an octogenarian your father can move an application for early disposal of case. It will be allowed.
You have not mentioned about your religion. Assuming you are hindus, the legal position is as follows: As you are also legal heirs of your father you and your cousin brothers and cousin sisters will have rights in the ancestral property. Even the children of the your deceased uncles and aunts will have right in the property. You said that your aunts have already filed partition suit against your father you can implead yourself in the partition suit. Since it is a partition suit, It will not charge much. Since the parties are more, naturally it will take more time to get to judgement. You have to list out all the properties (including which are under your uncles and aunts possession) and check whether they are present in the partition suit or not. If some properties are missing you have to add them to the partition suit. Ravinder, Advocate, Hyderabad.