Hi
You can proceed with the partition deed, through that you can achieve the ownership of the property you legally deserve from the grandfather's part.
Thank You
I am living on my paternal property for past 31 years. That include my father, mother, brother and sister. The property is in the name of my grand father. There was no will as far as I know and the land registry is with grand fathers elder brother (my tauji), who, along with their kids are living separately in their own house. Upon asking several times about the registry, they are not wilfully giving straight answer. Please suggest what can do be done.
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Hi
You can proceed with the partition deed, through that you can achieve the ownership of the property you legally deserve from the grandfather's part.
Thank You
If the property was in your grand fathers name than your father has succession right on it in absence.of will.
To seek property documents you.can seek title from. Sub registrar's office.also you will find.copy.of.registry there.
Also if they by any false.means try to.change document you have adverse.pession of.property from 31 years so cannot.ask to vacate.
1) on grand father demise property would devolve on your father and his siblings
2) apply to sub registrar office and obtain certified copy of documents of title
3) apply for mutation of property in name of father and his siblings
4) enclose grand father death certificate
5) receipt of payment of property taxes till date
6) if there are no objections received mutation would be done in your father name
1) If property is in your grandfather's name than you can enter names of all legal heirs on the property card by apply all legal heirs name and registered it all documents. You can get documents from registered office as well.
Make searches in the local registration office to find out the title deed.If the deed was registered you will get a certified copy of the sid eed for sure.
Please note that if the land was purchased in the name of your tauji then unfortunately your father will not have any right in the property.
However if the property was purchased in the name of your grandfather then your father has due share in the proeprty along with his brother and sister, if any, as the same is considered to be his self acquired proeprty .
So it you have reason to believe that the property was purchased in the name of your tauji then do not raise dispute anymore.
Manyawar, Registered paper for your parental house can be obtained in the office of Tehsil. Please contact with your local Lekhpal or local lawyer who is actually in Tehsil as daily visitor.
Just a clarification, all siblings of my grand father have already taken their share in form of money when my grand father was alive. I dont know if their is any document for that. So right now, they dont have any right on the property I live as they are already living on their own properties. Also, I dont know if any will was created or not. The thing I fear most is, if I go be legal way, the property would again have to be shared with other siblings.
you have no other option but to proceed legally against your relatives as they are not interested in amicable settlement
I presume that you are Hindu. Try to get relevant documents in respect of property, if you would find that the property is belong to your grandfather then your father has proportionate share with his brother and sister.But if you would see that the property is belong to your tauji and the same was gifted by your grandfather during his life time by a registered deed then your father has no right.
1) You said property was on your grandfather's name. Do you have that property papers and check with grampanchyat or municipality for the search report or whose name the property is from last 40 to 50 years. In that all sale transactions and transfer of ownership or settlement or partition done.
its depend on the documents, if there is any documents regarding the settlement of partition between the share holders then ok, otherwise the property will be partitioned between the parties legally.
you may get the certified copy of the documents from sub registrar office of your area.
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It is one's unimpeachable title and uninterrupted possession shall establish his/her right to enjoy the property. As no document is with you, you may be stripped of the possession. Therefore, search for the documents to establish your possession and it may help to defend in case of legal battle.
By theory of adverse possession u have already assumed actual owner status.
Adverse possession is a doctrine under which a person in possession of land owned by someone else may acquire valid title to it, so long as certain common law requirements are met, and the adverse possessor is in possession for a sufficient period of time, as defined by a statute of limitations.
12 years.
You can get the copy of the registry from sub registrar office. Being ancestral property you have right in the said property.
Firstly, You should take Lekhpal in confidence and try to find all the papers related with this parental house. Or a capable lawyer can help in this regard with proper secrecy.
If there was any share to your grandfather in the property, then his son, i.e., your father alone is entitled to inherit the same as sole legal heir or one among the legal heirs of your deceased grandfather.
Neither you nor your siblings have any right over the property especially during the lifetime of your father.
Your father can file a partition suit against his paternal uncle.
You have no other option than to opt for legal method for claiming the property.
At this juncture, you may either organise a peace talks with others and get your property legally transferred to your father's name or file a partition suit to claim your father's legitimate share in the property left behind by your grandfather.