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Author Topic: My father land in my grandfather name how to transfer to my name  (Read 597 times)

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Offline krishna257

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My father land in my grandfather name how to transfer to my name
« on: February 21, 2018, 10:13:37 PM »
Hi All,,

Myself Krishna kumar, in 1974 my father buy a land around 31 guntas, it is in the name of my grandfather,  BUT my father did not register to his name now grandfather is passed away

Here all the documents is running in other names? how to change it to my father or my name? Please help me on this?

Thanks
Krishna

Offline advocate-lyngdoh

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Re: My father land in my grandfather name how to transfer to my name
« Reply #1 on: February 22, 2018, 06:31:24 AM »
Since the property is in your grand father's name the law of succession will apply from your grandfather.

you have to make Legal heir certificate first.
than mutation in the name of all legal heirs.

thats how it will follow
Advocate Lyngdoh
Laitumkhrah, Shillong

Offline krishna257

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Re: My father land in my grandfather name how to transfer to my name
« Reply #2 on: February 23, 2018, 12:55:35 AM »
Thanks for your kind suggestion. Please guide me how to get the legal heir certificate.

Offline kalaskarkk

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Re: My father land in my grandfather name how to transfer to my name
« Reply #3 on: February 25, 2018, 10:56:38 PM »
Dear Sir,

Approach the Revenue Authorities and submit a representation by producing all the relevant documents including HEIRSHIP CERTIFICATE. If not obliged prefer revenue appeal. The Law of inheritance is as follows.

What does the grandparent's property law in India state? Does the grandson own the right to the property?
All property's owned by a Hindu person devolves onto his class one legal heir's.

Now to the specific scenario's in ur example (for sake of convenience I'm presuming ur ur grandfather has only one legal heir)

Senario1: The property is self acquired by your Grandfather, in such case upon his demise interstate (without a will) the property would devolve upon ur Father and not you. In case your farther passes away before your grandfather then it such case it would be devolve upon you, your mother and ur siblings equally.

Scenario 2: the property in question is self acquired by ur grandfather father ( ur great grand farther) - would devolve same as scenario 1.

Scenario 3: the property in question is self acquired by ur grandfather grand father ( ur great great grand farther) - would devolve same as scenario 1.

Scenario 4: the property in question is self acquired by ur grandfathers great grand father ( ur great great great grand farther) - then in such a case you would be entitled to the property by birth as it becomes ur ancestral property.

To give you more clarity on the concept of Ancestral Property's : any property which passes undivided down 4 generations of male lineage is called ancestral property. The right to such property acures at birth unlike other laws of inheritance where right arises upon the death of the the owner.

Hope this brings some clarity to your question and your sense of entitlements.
Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com
Call me for clarification

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