This is quite a complex situation however I will try and summarise it as much as possible. 1. My grandfather owned land in Punjab (some that he bought himself and some that he inherited down family). 2. My grandfather transferred a large plot of land onto the names of me and my 2 brothers. 3. My parents got divorced and I believe that the land that was left to me and my brothers was transferred into my fathers name (unsure whether this was done with or without my grandfathers consent) 4. My father remarries and has 2 sons from second marriage. 5. My grandfather dies in 2008 and my father takes ownership of land. 6. We appoint an Indian solicitor from Delhi area to look into the land registration and also commence legal proceedings to claim a right to our ancestral land. We were told that we would not be entitled to claim on our grandfathers land which he purchased himself but we would be entitled to a share of the land he inherited from our ancestors. 7. The solicitor takes our money and never responds. We have not heard from him again. 8. We appoint a second solicitor based here in the UK and he is having problems gaining access to land records in india due to there being a block put on. We do not know or understand who can block this in india. 9. My father is now unwell and we believe that his second wife is planning to gain control and ownership of the land and sell this off as soon as possible. We are concerned that this would result in us loosing our family ancestral land. I need to know the following if possible: 1. is there law in place that allowed me to claim a right of ownership over a proportion of my ancestral land in Punjab? 2. Can we file a report to the police about this solicitor who has fled with our money and how do we go about doing this from the UK? I hope that you can provide me with some assistance on this matter. Many thanks for your time.
1) you have to file suit for partition to claim your share in ancestral land
2) you have to file complaint against advocate before bar council for misconduct . If he taken fees he should have have taken legal proceedings on your behalf to claim your share in land
3) engage local lawyer and take 30 years title search
Dear Sir/Madam, you have to take all the documents for 30 years in respect of above said ancestral property of yours by engage or to file application under RTI (Right to Information Act, 2005) u/s 7. It is the best way to get your documents. And after got the documents you have to file partition suit before jurisdictional civil court by claiming your respective share on the said ancestral property, in mean while you have to file Interlocutory application to stay the said property to third person as well as no transferred the rights to third person. In regard advocate, you have to submit complaint his practicing state bar council to take disciplinary action against the said lawyer if necessary.
1, You have stated that your grandfather transferred a large plot to you and your brother, which was subsequently transferred to your father. How was the land that was transferred to you, further transferred to your father? After the transfer of title to you and your brother only both of you could have transferred your respective shares to your father.
2. Under the Indian law the land originally acquired or inherited by grandfather is not ancestral property. ON the demise of your grandfather his land, in the absence of will, devolved through succession on his widow and children. Furthermore, in Punjab the son does not have the right to seek the partition of ancestral property during the lifetime of father.
3. If you apprehend that your father's second wife may usurp the land or sell it then the remedy for you is to file a suit for injunction against her.
4. You can complain against the lawyer to the State Bar Council for professional misconduct.
I am slightly confused now by what is considered as ancestral land in Punjab. I was led to believe that land passed through generations of my family were considered to be ancestral i.e. my great great grandparents passed on their land to my great grand father, who subsequently passed it on to my grand father and now to my father. From all of your responses I am left confused about whether I have a birth right to a proportion of this land or not. I want to appoint an Indian solicitor to manage this case for me and I am interested to hear your views on what costs i would incur to file for a freedom of information request, stop anyone selling/transferring title of the land and claiming my right to the land (if such a right exists). Please clarify. many thanks.
I am slightly confused now by what is considered as ancestral land in Punjab. I was led to believe that land passed through generations of my family were considered to be ancestral i.e. my great great grandparents passed on their land to my great grand father, who subsequently passed it on to my grand father and now to my father. From all of your responses I am left confused about whether I have a birth right to a proportion of this land or not. I want to appoint an Indian solicitor to manage this case for me and I am interested to hear your views on what costs i would incur to file for a freedom of information request, stop anyone selling/transferring title of the land and claiming my right to the land (if such a right exists). Please clarify. many thanks.
1. You have mentioned "My grandfather transferred a large plot of land onto the names of me and my 2 brothers". Through which document the said land was transferred in your name? Did your grandfather executed and registered a gift deed in favour of you and your 2 brothers? You have also mentioned "My parents got divorced and I believe that the land that was left to me and my brothers was transferred into my fathers name (unsure whether this was done with or without my grandfathers consent". Through which document your andf your brother's said property was transferred to your father? Had you executed and registered any Gift Deed in favour of your father? Answer to the above queries are required for advising you properly. However, if the property was transferred to you by your grandfather by registering a gift deed and you had not registered any gift deed in favour of your father, then you are still the owner/title holder of the said properties. Ancestral property legally means those properties title of which are flown uninterrupted for four generations i.e. from great grandfather to great grandson and in the instant case there has been interruptions in the flow of title since it was transferred to you and then again to back to your father,
2. You can lodge a complaint to Bar Council of India against the said lawyer giving details of the transactions.
1) land which has remained undivided for four generations would be ancestral land
2) litigation fees vary . Better engage a lawyer from Punjab to save costs
1. Ancestral land is land originally purchased by the great grandfather or his lineal descendant and which travels up to the fourth lineal ascendant without partition or disposition. The title deeds and transfer deeds of the land in question will alone throw light on whether the property is ancestral in your hands or not.
2. In an ancestral land the coparceners have by birth the right to seek partition but in Punjab during the lifetime of father his children cannot claim partition.
3. What do you seek to obtain through Right to Information Act? An application under RTI Act is to be supported by a Rs.10/- postal order. There is no other cost.
4. To preempt the creation of third party rights you should file a suit for injunction by engaging a lawyer.
1. is there law in place that allowed me to claim a right of ownership over a proportion of my ancestral land in Punjab?
Whether Punjab or anywhere in India, the coparcener has a right to his legitimate share in the ancestral property.
However I have my own doubt that the subject property under reference may not be of ancestral nature because once your grandfather acquired it through his father and also he added his self acquired property to it and he made a testamentary disposition of the property, the property loses its ancestral character. Therefore you may not have rights to claim a share in it during your father's lifetime.
2. Can we file a report to the police about this solicitor who has fled with our money and how do we go about doing this from the UK?
You can make a complaint against the solicitor with the Bar council and his bar association if he is an advocate, or if he is not then you may lodge a complaint with the police.
You can move complaints through online too with the concerned authorities fro UK.
Property inherited by a Hindu from his father, father’s father or father’s fathers’ father, is ancestral property. The essential feature of ancestral property is that if the person inheriting it has sons, grandsons or great-grandsons, they become joint owner’s coparceners with him. They become entitled to it due to their birth. Coparcener. One who shares (equally) with others in inheritance in the estate of a common ancestor.
Coparcenary property means and includes: (1) ancestral property, (2) acquisitions made by the coparceners with the help of ancestral property, (3) joint acquisition of the coparceners even without such help provided there was no proof of intention on their part that the property should not be treated as joint family property, and (4) separate property of the coparceners thrown into the common stock.
To be more clear about ancestral property and the rights as a coparcener:
The property of the great grandfather falling into the hands of three generations without partition or any mode or alienation in between then the fourth generation male members become coparceners of the property which is called as ancestral property and they can claim their rights in it by birth.
If the above convinces you, then you may ascertain your position and deservance to claim a share in the property after which you can decide about claiming your legitimate share, if any, legally through a lawyer and by entrusting the job to a general power of attorney agent to look after the same during your absence in the proceedings of the case.
The costs can be enquired from the lawyer who you would be proposing to engage.