1) your grand mother is absolute owner of said land

2) in the event your grand mother dies intestate ie without a will your father will have only 1/5th share in said land .

3) your uncle 1/5th share will devolve on his wife and children .

4) your grand mother can execute a gift deed in favour of your father wherein she gifts the land out of natural love and affection to your father . have it duly stamped and registered.

5) in the alternative your grand mother can make a will wherein she bequeaths land to your father . will should be attested by 2 witnesses

6) the affidavit executed by your grand mother is not a will . she can during her lifetime execute gift deed or will .

7) for carrying out construction on said land your father would need your grand mother consent

1) the query did not mention about demise of your grand mother .

2) in the vent your grand mother died without a will your father has only 1/5th share in land .

3)on basis of death certificate your father should apply for mutation of land in his favour in revenue records . obtain consent of other legal heirs .

4) your father should obtain gift deed / relinquishment deed from other legal heirs .

5)your aunt would not become sole owner of said land merely on basi s of affidavit . it is not the last will and testament of your grand mother . it has not been executed by her in presence of 2 attesting witnesses .

6) better arrive at an amicable settlement with your aunt and her children

Your grandmother holds the same.if there is no will your father will get only 1/5 of the share in the same.the affidavit will not transfer the right to him. You can divide the same using her death certificate and legal heir certificate.affidavit will not give rights.your father can get a release deed from other heirs to start construction

1. all legal heirs have 1/5 share in said property.

2. get registered release deed from other legal heirs and give cash to them as per their share.

3.ur father then can start construction without any problem.

1.The property belonged to your grandmother during her lifetime and during her lifetime she has not transferred its title in the name of your father,

2. So, your father can not claim title of the said property,

3. Municipal approval on any matter in connection with the land does not convey title of the land,

4. Other legal heirs of your grandmother can file a partition suit & you do not have any document to defend your claim on the said property,

5. Better settle the matter with other legal heirs amicably.

1. Had the nproperty been purchased before 1988, your father had a chance to claim the title of the property on the plea that he had purchased the said property in the 'Benam' of his mother,

2. Such Benami transaction has been made invalid after the enactment of Benami Transaction (Prohibition) Act,1988.

Hello,

As the land was registered in your Grandmother's name she is the absolute owner of the property.

As she died intestate, that is without leaving a will behind, the property will devolve equally among all children.

As such your father is entitled for only 1/5th of the property. In order to get the property transferred in your father's name alone, he needs to get other heirs to relinquish their share through a deed of relinquishment and have it registered.

It would be advisable that you talk to all the legal heirs and make a family settlement; you may have to buy out 4/5 shares from the remaining heirs or if only the aunt and her children are the dissenting heirs, buy out their share and get others to execute relinquishment deeds.

Engage a local lawyer to help you.

Hi, your grand mother is the absolute owner of the property and if she does not execute any will then all the legal heirs are right over the property and secondly they claiming property on the basis of the affidavit does not hold any water, they can't claim property on the basis of the affidavit.

After death of your grand mother, her all properties will be divided between her children. It is settled law that after death of a person died intestate means without executing a will, his property will be divided between his heirs according to Indian succession act. It does not matter that any of those property is benami i.e. ostensible owner for the principal. In your case, your father is the ostensible owner of that property which was registered in your grand mother's name.

After her death your father is entitled to get only 1/5 part of that land. Your uncle's objection is based on legally sound basis. Your father can't be a real owner only because of he got an approval from the government municipality. There should have a gift deed in your father's favour.

If you want to retain your possession and full title over the land then you should file a civil suit and prepare a story on basis of the documents which you have but it will be tough for you to prove complete ownership over that land.

1. If your grand mother died without making a will then subsequent to her death the property devolved equally on all her legal heirs including your father. So your father has a 1/5th share in the property.

2. The affidavit made by your grand mother cannot be equated with a will. So no rights accrue out of it to any one.

3. Your uncle's share has devolved on his legal heirs i.e his widow and children.

4. Your father should apply for mutation of his name in the records of revenue register.

5. Thereafter, a partition deed can be made to divide the property equally. If no consensus is reached among all the heirs then any one of them can move to court to file a case for partition to cull out his/her share in the property.

your father should take consent before construction ,simple affidavit is not will,legal heir are only entitled.