My Grandfather (now my grandfather and grandmother are no more ) got 4 acers of land from his Father ..he Converted this agricultural land and created 24 plots. Out of these 24 he registered 1 plot in the name of his one Son ..My Grandfather has 4 Children. Now An advocate is suggesting my mother to claim her share in that 1 plot as its the ancestral property received by my grandfather want to know can my mother now claim he share in that 1 plot? if yes How to challenge the transaction done by my grandfather that gave 1 plot to his one son (in the year 1953)
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Firstly this is not ancestral property, instead it was your grandfather's self acquired property after it was inherited by him from his father.
Thus your father himself never had any rights in the property, there is no possibility for your mother or you to claim any share in the property as a right.
Don't be misguided and follow a wrong advice.
Did grand father execute gift deed in favour of one son
2) property inherited on demise of father is not ancestral property
3)suit would be barred by limitation
4) don’t file any suit to claim share in said plot
- If only 1 plot was registered in the name of one son , then what about the remaining plots out of 24
- Further, after the demise of your grandfather , your father was having his right to claim his equal share from the remaining portions.
- Hence, after the demise of your father , mother and you have legal right to claim share in the property.
Dear Client,
Since the land was received by your grandfather from his father, it is considered ancestral property. All four children of your grandfather have coparcenary rights in the ancestral property. This means your mother, as a coparcener, has a right to claim her share. And since the property as ancestral, your grandfather had no absolute right to give away the plot to one son without the consent of other coparceners. Your mother can file a suit for partition in the appropriate civil court to claim her share in the ancestral property, including the plot given to one son. Along with the suit for partition, your mother can also seek a declaration that the transaction done by your grandfather in 1953 is void and seek an injunction to prevent further alienation of the property. Provide all necessary documents proving the ancestral nature of the property, such as the title deeds, revenue records, and any other relevant documents. Engage a competent lawyer who specializes in property law to draft and file the suit and represent your mother in court. Should you require any further clarification, please do not hesitate to contact us.
if the land was originally ancestral property, your mother may have a legitimate claim to her share. Since the land was inherited by your grandfather, it would generally be considered ancestral property. Under Hindu law, ancestral property is typically shared equally among all descendants.
To challenge the transaction, your mother can file a partition suit in the relevant civil court, asserting her right to an equal share of the ancestral property. She may need to provide evidence that the property was ancestral and that the transfer of the 1 plot was unjust.
Challenging that deed by filing suit is the remedy
