what documents do you have to support that your grand father had got same land from his maternal uncle who had adopted him since his childhood ,is there any will or any transfer of the property by maternal uncle to your grand father
Land from maternal uncle to nephew
Hi, My father has a land shared along with my other 4 uncles. This land they got from our grandfather. Grandfather is deceased in 1991 and he had got same land from his maternal uncle who had adopted him since his childhood. Grandfather's uncle didn't have son so very near successor was my grandfather only. So, apparently, grandfather's uncle had different surname and we have different surname. I will explain family tree below: Suppose A has two kids B and C, and B and C has there own kids B1 and C1, respectively. Also, B1 has kid B2, and C1 has kids C2, C3. And say, X is my grandfather who is nephew of B2, and B2 doesn't have kid. Now problem is C3 has claimed for X's land came from B2, since X is having different surname than B2 and B2 and C3 surnames of those are matching to each other. Also, he has (C3) filed case against X for fraud in land transactions and claiming for same. C2, that is C3's father, and X were good friends and neighbors and C2 never filed case against X for wrong doing. But greedy C3 is doing this. How should I proceed for this and what outcomes I may expect?
Asked 10 years ago in Family Law
Religion: Hindu
8 Answers
There is no will document but every land document is in place on grandfather's name. And similarly grandfather had taken care of his uncle and with him only till he deceased.
Asked 10 years ago
it appears that you dont have adoption deed of your grand father . nor any will made by your grand father maternal uncle in favour of grand father . it appears on your grand father death property devolved on his 4 sons including your father . if case is filed for fraud fight case on merits . without seeing case papers cant advice further
in case of no will ,the property will be divided among legal hiers
That's what my question is who will be legal hiers?
Asked 10 years ago
all sons and daughters of your grand father
Thanks a lot Siddhartha and Rajeev. I really appreciate your help. It's like moral booster for me and I have all other documents with me.
Asked 10 years ago
my pleasure
if you have all the documents consult a local lawyer .
The entire case hinges on any document which can go on to to prove that your grand father was adopted by his maternal uncle. It also appears that your grand father's uncle made no will in favour of your grand father.
As per your own statement all the documents of land are in the name of your grand father, in which scenario the property was to vest equally in all the 5 children (including your father) of your grand father after former's death. Hence. all the children of your grand father being heirs to him have an equal share in the land. If a case for forgery of records of land has been filed then the same needs to be contested on merits. Consult a lawyer personally with all the documents in your possession.
Matter already replied.
