Legal Question in Civil Rights Law in India

Respected sir, My grandfather sold his property(90*41) to his relative(patel) in 1970's because before only he wrote (30*40) land in that (90*41) to one of his friend when he drunk.He wrote to patel just to save his property.Initially he is a kind and relative person and my grand father told to him to give this property to my sons after me.That 30*35 land was in case but now its cleared and we got that land back.My grandfather had 2 wife's.3 sons for 1st wife (my father is second son) and 2 sons for second wife.And the site allotment are as follows,

1. 1st wife 1st son 13*41 in that case land and 10*41 overall 23*41

2. 1st wife second son (my father) 17*34 still 17*7 is not in ours name they are fighting to grab that place.(because today my father is not there, he was expired when i was 11 year old.now i am 20 yr old)

3. 1st wife 3rd son 34*41

4. second wife 19*41

And also sir everyone got sites but when i ask my grandmother told that i have given site to your father but he sold that one .Then i told its ok give that papers i will put case on that.For that she replied i dint register that site to your father i sold it in my name only and i gave that money to your father. Now she had one land .What shall i do next sir.I had one sister . What is the legal procedure to get justice.Shall i put case on my grandmother land and all houses. Is i have rights to put case on houses and my grandmother's land .Sir, please help me.Thank you.


Asked on 9/20/13, 10:47 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

21.09.2013

Dear Sir,

What your grandfather wrote to his friend in an inebriated state is invalid, null and void. I have complied the division / partition of the land as follows : (assumed to be in sq.mts.)

Total of your grandfather's land : 90 * 41 = 3,690 sq.mts.

Of which :

A. 1st wife - 1st son got : 23 * 41 = 943 sq.mts.

B. 1st wife - 2nd son got : 17 * 34 = 578 sq.mts.

(your father)

C. 1st wife - 3rd son got : 34 * 41 = 1,394 sq.mts

D. 2nd wife & two sons got : 19 * 41 = 779 sq.mts.

Total land allocated & allotted : = 3,694 sq.mts.

(A+B+C+D)

Computation / Calculation error : = 4 sq.mts.

in the query

You are entitled to get your deceased father's land area of 578 sq.mts. transferred in your name. If your deceased father has left behind his Will that his share of land has to be transferred in your name, you should claim and exercise your right in keeping with your father's Will. If your father has passed away intestate (without a Will) then the title of your father's land vests in your mother. You and your sister is entitled to your rights in your father's land to be decided by your mother.

Regards,

Read more
Answered on 9/20/13, 11:59 pm


Related Questions & Answers

More Civil Rights Law questions and answers in India