My grandfather sold his ancestral agricultural land years ago and from that money he bought a residential land in buxar city.My father and his elder brother live in far cities due to their job.His younger brother who was living on that land from 20 years,has now made my grandparents transfer that property in the name of his wife.Now he is not ready to pay anything against that.Is there anything that I or my father can do about it?
Asked in Property Law from Buxar, Bihar
1) how was transfer made?
2) was it by gift deed duly stamped and registered?
3) is your grand father mentally fit?
4) on what basis you say it was grand father ancestral property?
How the property was transferred? Through will or gift deed, if it is through will, it can be changed. If it is through gift deed and the deed is not registered then also there is some hope. But if the deed is registered then nothing can be done. Your father had right in the ancestral agricultural land and he should have demanded at that time.
Hi, you have to file a suit for partition for your father share.
You or your father can file a partition suit against your grand parents and your uncles demanding them to distribute and demarcate your share and you can also demand to cancel the registered gift deed which was made on the name of your uncle.
1. By what legal instrument has the property been transferred?
2. If the land is ancestral in nature then it could not have been transferred by your grand father without the consent of all the legal heirs. You have an equal share in the land if it is ancestral. As such, you need to challenge the sale of land and seek partition of your share therein.