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Question about transfer of ancestral property in village in Burdwan


08-Jul-2023 (In Property Law)
I and my two married sisters are the only children of my father who had died on October 20,2012. We have our ancestral property both farmland and a house and pond and general land at village under Monteswar constituency at East Bardhaman District in West Bengal . On behalf of my dead father, I have been paying land revenue and tax till March,2021.The property is registered in the name of my father. So I want to know is there any problem if I donot change my father's name from the property. Means will government reclaim the land? Another question, I want the property in the name of mine, so what is the process? means what is the law regarding distribution of self acquired property for farmland as well as house land of my father to me and my sisters i.e distribution rule . Could you please describe the process.
Answers (2)

Answer #1
816 votes
In my opinion at first try to amicable partition through registered partition deed if not possible then you can file partition suit before the civil court.
but without detail discussion proper consult is not possible.
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Answer #2
787 votes
After your father's death without making any Will, his properties have been devolved upon his widow and three children,each having undivided one fourth share therein.

It is necessary to apply for Legal Heir Certificate so that your,your mother's and your two sisters names can be mutated in the Record of Rights in the place and stead of your deceased father.

It is not proper to keep the properties in deceased person's name and your sisters as well as your mother cannot be deprived of their property rights, however, through registered Deed of Gift they can transfer their share in those properties in your favour.
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