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How to get claim share in father's property
04-May-2023 (In Property Law)
My grandfather died in 2014. He had 5 children (3 sons and 3 daughter). He had two plots one is very old or can say ancestral and the other one was given by govt. in 1974. Khatauni of plot given by govt. is available .But the other plot have no paper proving that the property belongs to my grandfather. From beginning elder son of my grandfather lives in it. and in the other property my father and my uncle lives with mutual understanding of 50-50 . But unfortunately my uncle and his family is no more. So my elder uncle(grandfather's elder son) wants his share in the property given by govt. But they says that my father can't get his share in ancestral plot. My father's sisters are with us . So suggest us that it is possible that my father and his sisters get their share in ancestral property which have no proof that it belongs to my grandfather and also it doesn't have any proof that it belongs to my uncle also. paper is not available as it is old property. Please suggest the better way.
Sir you can file partition suit in this and claim your share in all the properties then your father is obliged to prove that it is his property or property or not andake your Bua as a defendant in this.
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Adv. Lavika Gupta
Delhi | 100+ Answers
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As it seems that both the properties were owned by your grandfather. One is ancestral which is possessed by elder son of your grand father, but that property has no papers to prove it as ancestral. Papers of the property can be taken from authorities for proving it as ancestral. Other were one owned by your father your grandfather's property. If your grandfather has left any will then properties will be divided accordingly otherwise as per Hindu Succession act . You can file a partition suite for claiming your rights in the property of your uncle but according ly you have also to give portion from the property you owned. For any more quary pl send on email .
Thanks.
Thanks.
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Adv. Sunil Kumar
Delhi | 25+ Answers
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Yes. Since for your Uncle the property cannot be said to be ancestral property. If he proves that the said plot is his self acquired property through adverse possession or his own income then the claim will not succeed but that is a matter to be proven in the Courts. Furthermore, there has to be certain documents if the property was given to your grandfather by the government in 1974. At least something has to be there, maybe land records, revenue records, zamabandi receipts, etc. For the ancestral property you will have to prove that your grandfather has retained the possession of the property for last few decades and therefore the title vested with him. After his death the same devolves to his Class I heirs in equal proportions.
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Adv. Manu Tripurari
Delhi | 100+ Answers
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The ownership chain of the plot will be in the government record. Your father can also claim ownership with equal rights, so as your uncle. Whereas, legal share of the sisters of your father can only be decided after knowing the initial ownership of the plot in dispute.
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Adv. Rohit Khurana
Delhi | 25+ Answers
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