Legal Question in Wills and Trusts in India
Dear Sir,
I have a issue regarding the Agriculture Land of my Dad. My grand father has 3 kids, my dad, aunt and uncle. Now my grand father just befor 2 months transferred his agriculture land on my uncles name. No Consent or permission was taken from my aunt and my dad. The land he transferred was received by him from his forefathers. My grand father did not purchased the land but he received with Respect to Hindu divided family.
Now how can I claim my part of land. My uncle and grandfather are too much greedy the land. He even did Registration of the land on my uncles name. That is my grand father sold his land to my uncle. Can a father sell his land to son which he had not earned but received from forefathers.
My Grand father has not divided the properties properly. He had done injustice to my dad. I want to fight for the the rest properties. Is there any law that the again segrate the property and divide equally.
The property he has divided is such that we didn�t got the land which is smaller in area while the uncle got the house , then one plot was give to each of same area that�s ok, then finally the main agricultural land about which I have briefed you.
3 Answers from Attorneys
you may file a suit for partition and cancellation of transfer in your uncle s name.
If what you have stated in your question is true then your Grand Father under the law could not have sold the property to your uncle as it is ancestral property.Your father can challenge the sale.
file a suit for cancellation and partition