• Right of granddaughter

My grand father divided his property ( which he purchased) to grand ma and all his children including my father.
But the documents were registered by all except my father as he was not in village. He died 16 years ago, but the land in his name is in the village. My mother is not asking for the property but as a granddaughter (and only heir to my father), do I have the right to get that?
Even the village officer is telling no record is there.
Sir, is it possible, if the land is in my father's name, but not registered, is there any chance for my claim to it, because me and my mother are living in a rented house. My aunt (father's sister) constructed her house, one side of it's  boundary, which is shared by my father's property.
How is it possible that the village office has no record. In kerala, if we construct a building, it's 4 boundary holder's name will be mentioned in the document.
Apart from that, example if there is 40 cent (local measuring unti like Gaj etc) (10 x 4) 3 persons tax is remitted, what about the balance 10 cents, which is my father's? can we prove that ?pls help me with your advice.
Asked 1 year ago in Property Law from trichur, Kerala
Religion: Hindu
1)  . You have not mentioned how partition was done by your grandfather . Was it by registered partition deed ? Your father would have share in the property as legal heir 

2) during your father lifetime you have no share in property 

3) on father demise your mother and you would inherit father share in property 

4) you can file suit for partition to claim share in property 

5) contact a local lawyer 
Ajay Sethi
Advocate, Mumbai
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1. If the document of division of property is registered then the mere absence of mutation of your father's name in the records does not deprive your father of his share in the property. The ownership of your father is traceable to the instrument of division alone. 

2. If your father is deceased then his share has devolved on you and your mother equally, which either of you may cull out by filing a lawsuit for partition in the court on the strength of the instrument of division.
Ashish Davessar
Advocate, Jaipur
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My mother is not asking for the property but as a granddaughter (and only heir to my father), do I have the right to get that?
Yes, you as well as your mother have an equal  share out of your father's share in the property that was allotted to him, you may file a partition suit claiming your father's share on the property as his legal heir. 


Sir, is it possible, if the land is in my father's name, but not registered, is there any chance for my claim to it, because me and my mother are living in a rented house. My aunt (father's sister) constructed her house, one side of it's  boundary, which is shared by my father's property.
What is the proof that the property is in the name of your father?, if you do not have any documentary proof how will you claim your father's title in that property and how will you claim a share in that property once you could not recognise the property by its title on your father's name?



Apart from that, example if there is 40 cent (local measuring unti like Gaj etc) (10 x 4) 3 persons tax is remitted, what about the balance 10 cents, which is my father's? can we prove that ?pls help me with your advice.
You may trace the records through land revenue department in this regard,you may get a hint with the help of which you can construct  the other details.



T Kalaiselvan
Advocate, Vellore
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1. How the property was divided by your grandfather amongst his wife and all children?Though a settlement/gift deed or will?

2. If it was recorded that it's share  has been given to your father, then after his demise intestate, you are the co-owner of your father's share of the said property along with your mother,

3. If your father's name has been excluded from the settlement deed then neither you nor your mother has any claim on your  grandfather's property,

4.You can file a partition suit claiming your share of your father's share of the said property.
Krishna Kishore Ganguly
Advocate, Kolkata
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First of all collect the certified copy of the deed through which your grandfather has divided his property to understand your position in he matter.
Krishna Kishore Ganguly
Advocate, Kolkata
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233 Consultations
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Once your father's share on your grandfather's property is established, you and your mother, being the only legal heirs of your father's property, can claim your share on your father's share of your grandfather's property and file a partition suit accordingly.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
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