in Property Law Civil Procedure Law
Asked August 26, 2017

informal distribution of ancestral property challenged

  • 1 Answer

Respected sir/madam i am (age 57 year) from deoria,u.p. my grandfather had a plot of size 28x70 sq.feet which was under possession of my grandfather.after his death This plot has been divided 37 year ago between my father and younger uncle by self,both person had no objections from this property division and didnot write a division agreement on any father and uncle got 14x35 sq.foot plot father construct a house on his plot 36 year ago by self investment and uncle did not creat any objection during construction otherside uncle didnot do any construct on his my father,uncle and aunty have been died .my mother still alive.till now whole of plot as mentioned above(28x70) is registered on my grandfather name in town area land record and also plot's khasra is name of grandfather but I don't have khatauni/khata no.of father's house/property.Now the matter of quarrel b/w me and my uncle's son(36 year age) is that he didnot agree by the division of property which has been done 37 year ago,he is saying that in old land record of nagar panchayat it is clearly mentioned that the whole plot(28x70)sq.f is registered on the grandfather name and no property division agreement available so divide whole property again and give him shares from my house.i informed him that i have 36 year old house record available in which my father's name mentioned and there is nothing of your shares in my father's property and that house was built by my father by self investment but he refused my arguments and his wife treating badly with me and my family members saying she send me jail with my family members by fraud case if you didn't give him shares in property,also saying that sell house to him.i suggested him go to the court and file case against me but she refused this proposal also saying matter will be solve by region muhalla panchayat because she got support muhalla panchayat members .she is not filing case against me. Sir presently i am out of u.p for job purpose,my family also with me.i have following documents of my father's house: 1) 36 year old house tax/house no receipt.(27 year house tax is issued by Father's name and after his death last 10 year tax issuing on my name which i paying per year regularly). 2)electric/water bill on my name. 3)father's death certificate and ration card of mother's name in which all my family member's name mentioned. 4)ancestral land khasra on which grandfather name mentioned. 5)cast certificate/domicile certificate in which my Father's house no. Mentioned. Sir presently my father's house is under my pocession.please advice me what can i do for stop this quarrel and save me and my family members from his fraudent activity. Is it possible that relative forcely or by law capture shares in my father's house??

Answer 1

As per the Hindu Succession Act, 1956, any ancestral property is to be divided in an equitable manner as the son of the owner or, the son’s son of the owner shall have the legal right to share the property. Apart from this, the best way to transfer property into your name would be to start proceedings for mutation of the property to ensure the property is registered in your name. In order to this, you will require certain documents such as, death certificate of your father and grandfather, ration card to show you are the son of your father, property tax receipts paid etc. However in this case you will also require an NOC from your cousin brother. In case the matter moves to the court, you can file for application of Section 8 of the Hindu Succession Act, 1956 which provides that the property of any person dying intestate, i.e., without a will, shall be divided in the manner as provided under the Act.

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