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Legal remedy to claim ancestral property acquired by Government
17-Feb-2023 (In Property Law)
our ancestor property has been acquired by the govt. my grandfather allows my neighbours to use side portion of our property on a mutual understanding based on good gesture and maintain a healthy relationship but as time passes by the start calling it Govt. Property and to avoid a fight and long argument my grandfather and father did nothing and I know this property is still in grandfather name, what legal action can be taken to claim this property?
hi.your query seems to be not fairly clear, but having understood that the land had been acquired by the government and assuming that the possession of the land still is with your grandfather and subsequently your father. that since the possession of the land has not been surrendered neither claimed by the government, you may file a case for dispossession of the neighbors after considering the limitation aspect. i hope this helps.
warm regards
Arunav Tewari
warm regards
Arunav Tewari
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Adv. Arunav Tewari
Delhi | 25+ Answers
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What is the latest Supreme Court judgment on ancestral property 2023?
The SC held that even if the father died before the Hindu Succession (Amendment) Act of 2005 came into force, a woman/daughter can inherit ancestral properties in the same way as a male. 04-Sept-2023
How do I prove ownership of an ancestral property?
Will and inheritance certificates: These are essential if you inherited property. You must have a Partition Deed, if you inherited part of an ancestral property. Tax receipts for property: This is proof of ownership.
How do I claim sold ancestral property?
Referring to Ajinkya’s question, the property of paternal ancestors can’t be sold without consent from the successors. It can be claimed by filing a partition suit in court. If your share is refused, you can also send a legal notification demanding your rights.
Can anyone write will for ancestral property?
Ill tell you a few facts about ancestral property: In response to your question, ancestral properties can not be willed as they would become self-acquired if willed. The properties of paternal ancestors cannot be sold without the consent of their successors.
First of all you have to disclose for what purpose gov has acquired your ancestral property and in what capacity and whether on that property any structure has been erected or the land is vacant. if the property is still in your grandfather's name then you can file suit for the declaration of your title in that property and for specific performance against government.
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Adv. Manoranjani Shaw
Delhi | 25+ Answers
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firstly go to SDM office of your area and get the khasra-khatauni of your property. In there itself there must be mention of your grandfather's name as well as it will be mentioned over there in it whether the land belongs to your grandfather or government....then you can follow legal process to claim it back.
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Adv. Devansh Aggarwal
Delhi | 25+ Answers
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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.
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