LawRato

Dispute over Ancestral Land and Property


09-Oct-2023 (In Family Law)
Hi I was wondering whether you could give some advice. My grandfather died over 40 years ago leaving 4 sons and 1 daughter. My father was the oldest child. My uncle (dads brother) died a few years ago and his son (my cousin) has been in a legal battle with my father over ancestral rights towards my grandfather's land and property. He recently padlocked one of the property's (where my father stayed on his visits to India from UK) and my father filed a case against my cousin. A few days ago a judge decided the case in the favour of my cousin! I am not sure how this could happen as the property should remain shared until such a time it is split. Are you able to help?
Answers (4)

Answer #1
519 votes
Hi I will certainly try my level best to give you genuine advice. After the death of your grandfather the property should be divided equally between 4 sons and one daughter ( unmarried ) if married and relinquished her right then not. And if your cousin has won case against your father over the property which is padlocked by your cousin. You being a legal heir of your father can file a appeal against the order passed by judge in your cousin favour. Your cousin might after won the case has wrongfully padlocked the property as may be your father had not taken stay over the property . Moreover if you can tell me what sort civil suit was between your father and cousin and if u can show me the copy of order of judge which is against your father , I will be I better position to explain you and guid you accordingly for further action.
Regards
Geetinder Singh advocate
Answer #2
903 votes
Dear client, first of all I need your case details to give you accurate advice, secondly which type of case has gone against your father, thirdly it all depends on the possession of the property, fourthly how many are legal hires of the property..
Answer #3
703 votes
Have you or your father filed application in concerned nri cell at your area. If the court passed the decree in ur coz favour you can go for appeal or revision as the case maybe,
You can also call for partition of your entire property or can demand for your share from the ansctrl property but it is not advisable.
Answer #4
952 votes
Dear sir i have gone through your query. In order to give proper advise and appropriate course of action i need all the documents in your possession and legal case file so that i can provide proper response.however after going through your query,i think you are having good case and there are chances of winning.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."