• Reference to ancestral property rights

Dear Seniors,
Brief of the case:-

My grandfather came to India in 1947 after partition with his parents and brothers. At that time he should be near about 17 to 18 years old as I do not have his correct birth date with me. Also he is alive and claims that he is 87 years old.  As per my father we were given a plot by Govt. Of India to build a house but my grandfather claims that he had bought this plot, which i believe is incorrect information. The reasons why I feel the information is incorrect because initially my grandfather and his father(my great grandfather) and my grandfather's elder brother they all used to stay together. Later my grandfather's elder brother sold a portion of his part of the plot to third party who are staying there from a long time. So there might be a possibility that the plot might have been in the name of my great grandfather which he gave to his sons( But I don't have any surety because no one has seen the house papers other than my grandfather). Also My grandfather has sold some parts of this property and gifted the ground floor to my uncle secretly.  

My father was born in this house, married, had children. I am born in this house, married in this house and staying with my wife and parents.

Now today my grandfather is not willing to give a share to us claiming that he had bought this property and want to give entire share to my cousin who is a son of my father's younger brother. He is also not showing us the papers of the house. As per me this house would have initially allotted to my great grand father but I am not sure about this.

As per my understanding the plot where we stay should have been allotted to my great grandfather and then he divided the plot to his sons.

My questions:-

1. I want to know what right I have in this property?
2. How will I know who was the first owner of this land? I went to the local patvari but he said he needs the khasra number for which I dont know from where I will find it.
3. If I don't have a right, will my child has a right ?
4. Will my father has a right in this property?

Thank you.
Asked 1 year ago in Property Law from Delhi, Delhi
Religion: Sikh
1. The original title deed of the property alone will reveal whether the property is the self acquired of your grandfather or it was purchased by his ancestors. If it is the self acquired property of your grandfather then he has the right to bequeath, gift or sell it to anyone he desires.

2. If the property was purchased by your great grandfather or his ancestors and it is undivided till now then it is ancestral in your hands. Consequently, you may file a suit for partition to cull out your share after the lifetime of your father. 

Ashish Davessar
Advocate, Jaipur
22958 Answers
631 Consultations

5.0 on 5.0

first you should take copy of book of record from the revenue department. ownership and mode of transfer of the property will be clear therefrom. thereafter you should initiate proceeding for partition. if property was transferred from the government then you can claim your share on the basis of survivorship. 
Shivendra Pratap Singh
Advocate, Lucknow
4945 Answers
78 Consultations

4.9 on 5.0

some parts of delhi like mukherjee nagar, kingsway camp area are dedicated for the rehabilitation for refugees, if your house comes under the area then it is quite sure that land was transferred by the government. you can find your land from the map prepared by the revenue department. if you have khasra no. then you can easily get details about your land. if land is transferred from the govt, then you can claim because it is now ancestral property. and a Hindu gets right in the ancestral property by birth.  
Shivendra Pratap Singh
Advocate, Lucknow
4945 Answers
78 Consultations

4.9 on 5.0

1) without going through case papers we cannot say what rights you  have. on said property

2) if it is self acquired property of grand father you would not have any share in said property 

3) if it is ancestral property you would have share in property 

4) take search in sub registrar office and obtain Copy of sale deed wherein grand father purchased property 

5) you  can contact any local lawyer to take search of the records in Patwari office 

6) if grand father died intestate yiur father would inherit his self acquired property along  with your uncle 
Ajay Sethi
Advocate, Mumbai
44149 Answers
2560 Consultations

5.0 on 5.0

1.  Even if it is considered as property allotted to your great grandfather, since he divided the property and allotted to his sons subsequently, it became the own and absolute property of the sons of your great grandfather. Therefore your grandfather's share in the property shall be his own and absolute property by which he can transfer the same to anyone of his choice there by no one including your father has a right to claim a share in it, thus you also dont have a chance to claim a share in it. 

2.  You can visit the land revenue department/Tehsildar's office and gather the details from the land revenue records.

3.  It is clear that your father itself do not have any right, so any generation after that cannot claim any right in it.

4. NO
T Kalaiselvan
Advocate, Vellore
34296 Answers
367 Consultations

5.0 on 5.0

1. the moment the property of your great grandfather was dealt with, it did not stay as an ancestral property for you. A property is called an ancestral property if the flow of its title s not interrupted by way of gift/settlement/sale deed or will for four generations i.e. from great grandfather to great grandchild. So, you have no legal right on the said property of your grandfather even if it was given to your great grandfather. however, in a similar case before the Calcutta High Court, it was ordered that the property allotted by the Government to the refugees of the then East Pakisthan belonged to everybody of the family and not only to the person in whose name it was allotted.  Based on the said order your grandfather  can claim that the property is equally shared by him also along with his father. Conduct a search of its title from the local Registrar's office to be sure about the matter,

2. By conducting a property search at the office of the local Registrar,

3. If you do not have any right on the said property, your child also will not have any right thereupon,

4. No. Since when the property was allotted to your great grandfather's family, your father was not borne as your grandfather was only 17 years old as stated by you.
Krishna Kishore Ganguly
Advocate, Kolkata
18079 Answers
438 Consultations

5.0 on 5.0

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