Legal Question in Real Estate Law in India
my question is about ancestral property.my father who has two brothers ,has inherited property from my grandfather.they have six more sisters and all are married and are staying out of the state where property are situated.we are hindus .i am the grand daughter of the original owner of the property .my father and his two brothers have settled in some places within the stae by surrendering their ration card etc and left the property as it was mortgaged against aloan taken by my farther and my uncles stood guarantor to that loan.but when the bank obtain certificate to auctioned the property ,everyone left the property and only my father ,who has taken the loan and paid the amount and save the property from being auctioned.i am in the possession of the property for last ten years and paying regularly all the dues etc such as land revenue ,house tax in the name of my grandafather.but now my uncles has got their name mutated in their names and the revenue authority passed the order stating that they are the legal heirs of my grandaftaher.altough i objected to the said mutation ,the revenue authority declined stating that i am not recorded pattadar of the land and on occupation basis ,i cannot claimed any right over the property,and only my uncles and my father have right over the property,pls help me how to evict my uncles and my father have no objection as he is living elsewheres.do grand daughter have any right in ancestral property.and also help me how can i establish my right on occupation basis .pls satte the forum for filing a case and under what section of law
1 Answer from Attorneys
07.04.2014
Dear Madam,
You are not a pattadar, but your father certainly is a pattadar. If your father has cleared the bank loan taken by mortgaging the property, your father should obtain the loan clearance certificate from the bank, releasing their lien over the property. If your father has been named as the beneficiary / one of the beneficiaries in your grandfather's Will, your father should action the process for transfer of the title of the property from your deceased grandfather's name to the name of the beneficiaries by virtue of a Probate from the Court. Till the time the Probate is issued, your father can legally obtain sanction from the Court for you to be in occupation and possession of the property. Your Advocate / Lawyer will quote the relevant applicable sections of the Hindu Succession Act in your father's Probate application.
Regards,
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