Family land property dispute Family land property dispute

4 years ago

This is regarding the family property issue. My Grandmother (current age 75 yrs) had got one land property as a gift from her father. My grandmother has 3 sons(among which only one is alive now). Recently, one of my uncle's family has forced her to stay with them and then they persuaded her (my grandmother) to sell her entire land property and change the ownership of few portions of land to my aunt's name.
Now, It feels like we are cheated as there is no ancestral property given to us. Is there any way we can ask legally to revoke the sell/ to demand our share of land.

Kishan Dutt Kalaskar

Responded 4 years ago

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A.Dear Sir,
It is not ancestral property. The Ancestral Property is defined as follows:
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Dear Sir,
What does the grandparent's property law in India state? Does the grandson own the right to the property?
All property's owned by a Hindu person devolves onto his class one legal heir's.

Now to the specific scenario's in ur example (for sake of convenience I'm presuming ur ur grandfather has only one legal heir)

Senario1: The property is self acquired by your Grandfather, in such case upon his demise interstate (without a will) the property would devolve upon ur Father and not you. In case your farther passes away before your grandfather then it such case it would be devolve upon you, your mother and ur siblings equally.

Scenario 2: the property in question is self acquired by ur grandfather father ( ur great grand farther) - would devolve same as scenario 1.

Scenario 3: the property in question is self acquired by ur grandfather grand father ( ur great great grand farther) - would devolve same as scenario 1.

Scenario 4: the property in question is self acquired by ur grandfathers great grand father ( ur great great great grand farther) - then in such a case you would be entitled to the property by birth as it becomes ur ancestral property.

To give you more clarity on the concept of Ancestral Property's : any property which passes undivided down 4 generations of male lineage is called ancestral property. The right to such property acures at birth unlike other laws of inheritance where right arises upon the death of the the owner.

Hope this brings some clarity to your question and your sense of entitlements.
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Shreyash Mohta

Responded 4 years ago

A.The same question is already answered by me previously. Please check.
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Neeraj Kumar

Responded 4 years ago

A.Is there any POA appointed by her ?
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Anonymous

Replied 4 years ago

No.

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Neeraj Kumar

Replied 4 years ago

How can someone force your grandmother to stay with them ? And if this is true then go to the Local Police station.

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