My grandfather inherited a property from his father (post-death) and recorded his name in CS record as heir (only son).
From my grandfather we heard that the property belongs to his grandfather (my great great grandfather) since pre-independence. The mode of owning the property by our great great grandfather pre-independence was unknown.
After the death (year unknown) of our great great grandfather the property was then transferred/recorded/inherited by his two son equally, one was our great grandfather.
My great grandfather died during 1950's (exact year unknown) without any will/deed. Then probably the property was inherited/recorded by my grandfather as heir (only son).
My grandfather died during 1975.
The property then transferred/recorded to my father (only son) via CS/LR record in 1995.
We are two brother, I am elder. My father gave the entire property to my brother in 2007 through registered gift deed. My brother sold the entire property in 2012.
All property papers were either destroyed or hidden by my father after the selling in 2012 & I have no access to any property details/papers.
My father died in 2017.
My questions:
1. How to find out the actual owner of the said property i.e actually who purchased that property or the 1st generation of the property?
2. How/where to get all the records/deeds of the said property, i.e. how it was transferred to my great grandfather then grandfather then father?
2. As I heard from my grandfather that the property actually belonged to his grandfather i.e. my great great grandfather, is there scope for getting the actual records/property papers from anywhere?
3. In this case, whether the property can be termed as ancestral property in the hand of my father?
4. Am I legally eligible to get any share of the property which my father gifted to my brother?
5. What is the statement means - "Ancestral property is a property which has been passed on to four generation & undivided up to four generations."
6. Since my great great grandfather had two son and after his death the property was transferred/inherited/recorded in both the son name equally, how is the property defined in that case?
A.From previous mutations/CS/LR or partitions that may have taken place in your family.
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Anonymous
Replied 5 years ago
I CS/LR record, the law school name is mentioned?
T B L Murthy
Replied 5 years ago
Generally it is not mentioned. It may have been mentioned in appliction made while editing CS/LR record. But in any case u can see the shares falling on all parties and ascertain the school. For further details contact me through vidhikarya
Deepak Yashwantrao Bade
Responded 5 years ago
A.Dear client kindly go through any local experienced property lawyer for better discussion. Because the ancestral property could be acquired if you would file proper suit for this.
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Anonymous
Replied 5 years ago
Ancestral property could be acquired even for Bengali (Hindu) of West Bengal?
T B L Murthy
Responded 5 years ago
A.Not necessarily. You have got a right if u belong to mitakshara school. But u do not have right if u belong to dayabhaga.
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Anonymous
Replied 5 years ago
I am a bengali, Hindu. How to confirm whether I belong to Mitakshara or Dayabhaga?
T B L Murthy
Responded 5 years ago
A.The property is ancestral in your case. The cs/lr records are sufficient to prove that property is in your family from last 4 generations. But the issue is you are a begali and mostly bengalis are not governed by mitakshara law but they r governed by dayabhaga law. If dayabhaga applies in your case then you have no remedy.
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Anonymous
Replied 5 years ago
What is Mitakshara & Dayabhaga? How it is different? How do we know whether we are governed by Mitakshara or Dayabhaga? Why is the discrimination between Mitakshara & dayabhaga?
T B L Murthy
Replied 5 years ago
They are two schools of hindu law. Main difference is in mitakshara son aquires right in ancestral property during lifetime of father but not in dayabhaga. In other parts of india mitakshara is applicable but not so in bengal. This thing can be verified by any partition that may have taken place in your family.
Anonymous
Replied 5 years ago
So you want to say in spite of being the property is ancestral, I have no right on the property? So there is no use in filling a court case?
Rameshwar Dadhe
Responded 5 years ago
A.By advocate Rameshwor dadhe dear sir Ur queries are right but you should appoint lawyer for searching the property or all land records. U may be call me through vidhikarya. I am specialaiz in this field
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Dear Sir,
If there is perpetual restraint from selling the land then the grandson cannot sell without the permission from the Deputy Commissioner. The conditions in the Darkasth to be read.
Dear Sir,
Yes, the mutation will be taken place as jointly in respect of your respective wives. You have to produce certified copies of both the Gift Deeds.
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