Property Case
2 years ago
My grand father has 2 sons and 1 daughter.I am the son of daughter.My grand father got ancestral property from his father.But due to some issues the property went back to my great grand father who is not alive now, due to a case on land from other party.My moms father is trying to compromise the case on land and divide the property to his sons without considering my mom.My question is, Can we assign a case on the land as the land is on my Great grand father name who is not alive now.The case should be like silent and without sending legal notice to my grand father.Is it possible to assign case and without knowing that case has been registered and should ONLY be reflected when they proceed for registration of land.Thank you.
So,there will be some responsibility on you (your mother) to come forward and stop the process of transfer to tow brothers which you have to do openly by filing case and silently.
Take your time and decide your actions accordingly.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
This shall only benefit your grandfather in the long run as he is the eventual heir to the ancestral property belonging to his father. You can opt for the tradition approach of filing a suit for partition before the civil court if you are under apprehension that you will be left out of it.
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Ancestral property is subject to the rules of inheritance. The Class I legal heirs are the ones upon whom the property devolves after the demise of the owner of the property. Therefore, ultimately your grandfather will get possession. Instead of this you can directly approach the court and file a suit for partition.
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