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 7 years ago in Property Law
Religion: Sikh