We own Ancestral agriculture land ,
My grandfather has two sons ,Elder son has 4 children(2 sons and 2 daughters) and younger son has no children . The younger son had died intestate in 1992, when he died one of his elder brother's son(uncle) transferred his share(only his share) under his name directly in registration office and obtained passbooks for the agriculture land.
According to Hindu Succession Act ,Can the daughters of elder son has right for the property of younger son share also.
Can property transferred (before 2004) without will/un registered document considered legal though pahani/other revenue documents are showing his (uncle) name .
Only that property is considered ancestral if it has remained unpartitioned for the last four generations through male lineage. There is a discrepancy between the declaration that registration was completed and the statement that the document was unregistered. It's crucial to know if the older brother is still living. Also, it is important to examine the document that is used to make such a registration.
You may want to discuss the following with your legal representative.
Thank you!
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.If the property remained unpartitioned for last four generations through male lineage,then only that property is considered as ancestral.It is necessary to know whether the elder brother is alive or not. It is also necessary to scrutinize the document by virtue of which such registration is made. There is contradictory statement, once it has been stated that registration was done and later on it has been specified about the unregistered Document. It is necessary to specify actual facts to get proper legal opinion.
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Can property transferred (before 2004) without will/unregistered document be considered legal
Division of Property among Brothers and Sisters Bihar State
