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Uneven distribution of family property earlier how to share it now


06-Feb-2023 (In Property Law)

The story starts in 1940s when my grandfather bought some 60 acres of agricultural land. However, due to the Land Ceiling Act, he had to unevenly distribute the land amongst three of his elder sons as the fourth one was a minor at that point. This measure was done just to save the property from getting acquired. My grandfather died without a registered will. All the three elder sons are now not prepared to redivide that property and share it with their younger brother (my father). This property was bought by my grandfather and is not ancestral. Please suggest a way to get our lawful share.

Answers (3)

Answer #1
504 votes
Since the property was bought by your grandfather and there is no registered or unregistered will in respect of the property, so now its treated as ancestral property. it can be redivided by consent of the members as you said at the time of earlier division one of the member/ brother was minor and hadn't received proper share.
it can be done by mutual consent or by filing a suit for partition.
Answer #2
643 votes
Hi,

you fie a suit and prove that the said land has been purchased by your father and is not an ancestor property. I hope you will get your share. I also hope after filing the case your brother must be come for compromise. I hope you got the answer.
Answer #3
519 votes
Judging by the looks of the problem, Im sorry but there is really nothing that you can do about the situation. Since the devolution of the property was made by your father out of his free will, the same cannot be challenged in any way now.
However one small bleak ray of hope would be in case the documents which were used by your grandfather to transfer the property to your uncles would be in themselves defective. If there is a flaw in those documents, the same shall be declared to be invalid. And hence the property would have devolved in the favour of your father wrt his share i.e 1/4th assuming that there are no other legal heirs remaining,
A careful perusal of the documents used to transfer the property in the name of your uncles shall be required before proceeding further.

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