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How to claim share in grandfather's ancestral property
08-Oct-2023 (In Family Law)
1. My grandfather got his agricultural land from his ancestors. He didn't bought anything of his own. I have 5 uncles, no aunt, and 6th one was my dad. My father died when I was 2.5 years and after 6 years of my dad's death, my grandfather 'TRANSFERRED' all land to his sons, excluding me. In fact he transferred my share to my other uncle. I filed (as minor) case against uncles and grandfather in district court against them but results came against me. Judge said my grandfather made a WILL and as much I know WILL can't be made if property is ancestral. My lawyer told me we have to prove the land was ancestral. How can I obtain pre-partition (pre 1947) land records in Punjab? or What should I do ?
You can claim your father,s share from the property by filling a civil suit against all your uncles and claim your fathers share as after his death you are legally entitled to that share. You can claim in court your fathers share which he didn't not got from the ensestral property which all uncles are having in access . You will also make your grandfather ( deceased ) party to the suit . Along with that file a stay application against all uncles so that they can not alienate , transfer or sale your share of property . Take a stay on whole property.
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Adv. Geetinder Singh
Amritsar | 100+ Answers
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Hii,
Is there any document proving that land was purchased by ur grandfather with his own earn money or means. Mostly these type of typical cases judges work on logic way. It is understandable if there is no document showing it was ansctrl prpty then burden of proof will shift to ur grandfather.
Rgds
Is there any document proving that land was purchased by ur grandfather with his own earn money or means. Mostly these type of typical cases judges work on logic way. It is understandable if there is no document showing it was ansctrl prpty then burden of proof will shift to ur grandfather.
Rgds
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Adv. Shivam Sood
Ludhiana | 200+ Answers
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