Deprivation from ancestral/inherited property.
5 years ago
My grandfather has three son & no daughter. He made a "gift deed" of his entire property in the name of his two daughter-in-law (my uncle's wife's) depriving his elder son (my father). This gift deed was done few years back (probably in 2007 or 2008). The property was a ancestral/inherited property which was automatically transferred to my grandfather after the death of his father (my great grand father). One or two years later (in around 2010) after the "gift deed" my both aunt's (uncle's wife) sold the property to some person at a very cheap price. Since my father lives in a separate home, he was unaware of all this incident. Only, recently we came to knew all about this after our grandfathers demise in 2018. I would like to know whether my father can do anything legally regarding this deprivation of the ancestral/inherited property? Thanks & Regards.
Deepak Yashwantrao Bade
Responded 5 years ago
Jitendra N Ghosh
Replied 5 years ago
Sir
Whether this "birth right" is applicable for Hindu Bengali residing in West Bengal?
ROBERT D ROZARIO
Responded 5 years ago
Jitendra N Ghosh
Replied 5 years ago
Sir, I have little knowledge about ancestral property. What we know is that this property was transferred/succeeded by my grandfather from his father after his death as a successor. My great grandfather succeeded from his father in the same way. My great great grandfather also succeeded in the same way. The tree was like
1. My great great grandfather inherited the property from his father after his death.
2. My great great grandfather had two son. After his death the property was inherited by his two son (one was my great grandfather) as half half.
3. My great grandfather had one son (my grandfather). After his death, the property was inherited by my grandfather.
ROBERT D ROZARIO
Replied 5 years ago
now follow these instructions:
1) file a civil suit for cancellation of the gift deed and sale deed
2) file another civil suit for declaration of the share title in the property alongwith a interim injunction restraining the third party from selling the property.
3) file a third civil suit for partition of the property.
You can contact me as i am from Calcutta High Court.
Jitendra N Ghosh
Replied 5 years ago
1. How to contact you?
2. Whether the property can be called ancestral property as per my description in above comment?
3. As per law I heard that a property which is four generation old and which is undivided for four generation is ancestral property. What is undivided for four generation means?
4. My great great grandfather had two son and after his death the property was transferred to his both son equally through CS/LR record.
Therefore now in hand of my grandfather whether the property will be termed as ancestral?
5. We do not have any property papers, copy , deeds copy etc as all were kept with our grandfather. If it can be termed ancestral how to prove it?
Jitendra N Ghosh
Replied 5 years ago
Between I am from Asansol, Dist-Paschim Bardhaman, WB.
ROBERT D ROZARIO
Replied 5 years ago
I am from kolkata based. you can get my contact details by calling customer care of Vidhikarya.
Rajender Prasad
Responded 5 years ago
sistla ramakrishna
Responded 5 years ago
Your father has birth right in the property which cannot be disposed off by your grand father, even if he disposes off by way gift or by any other mode which cannot give a valid right to the donee or purchaser. Hence, even a lapse of eight or any number of years your father can challenge the gift deed and other alienation like sale etc. So your father can issue legal notice to the vendor from alienating by donee of your grand father and assert right in a valid court of law. Take expert legal advice and proceed in a cautious manner.
Jitendra N Ghosh
Replied 5 years ago
Whether it is applicable for Bengali (Hindu) originating & residing in West Bengal.
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