Procedure for father to get share in his grand father's property?
My Great-Grandfather i.e. father of grandfather has 8 acres of land. He died. My Great-Grandfather has 4 sons. Even these 4 sons died. So amongst the 4 grandfathers, 1 grandfather has no heir and he died and was unmarried.
Other 3 grandfathers were married and have 2 sons each. These 3 grandfathers also died. Now cousin brothers of my father are occupying all the agriculture land of 8 acres. One of the cousin brothers of my father has illegally made bribe to Tehsildar officer and added his name on all of the property. Can my father get his share in 8 acres of land?
What's the legal procedure now?
A pre-requisite condition required for a property to be Ancestral property is that it should be owned by the great grand father followed by grand father, father & present generation all in this linear generation living & enjoying the property. The property should not have ever partitioned & share in it distributed to any of the Hindu Coparceners as in any linear generation as mentioned above, in other words, it should be intact single property which is being used jointly by all members of the Hindu Joint family.
Therefore, all property inherited by a male Hindu from his father, fathers father, or fathers fathers father, is ancestral property.
In view of above, if your land was never partitioned then such land falls within the ambit of ancestral property and your father will be entitled for the share in the land.
In view of the aforesaid, you can at anytime seek a partition of your and father’s share. A partition of the joint Hindu family can be effected by various modes, viz., by a family settlement, by a registered instrument of partition, by oral arrangement by the parties, or by a decree of the Court.
In case you wish to seek decree from Court, you may file a suit for partition and separate possession of your share in the share of your father in the ancestral property against others co-sharer in concerned Civil Court.
When a suit for partition is filed in a Court, a preliminary decree is passed determining shares of the members of the family.
The final decree follows, thereafter, allotting specific properties and directing the partition of the immovable properties by metes and bounds. Unless and until the final decree is passed and the allottees of the shares are put in possession of the respective property, the partition is not complete. The preliminary decree which determines shares does not bring about the final partition.
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