Ancestor property agreement done by my father without my notice

[Sreedhara GS]

In my village, 2 acres of land was owned by a family. Originally this land belongs to my grand father. I really don’t wanted to snatch this land from current occupant as they are on it from past 20 years. Few people from my village misguided my father saying “This land can be transferred to your name and then sell it to me, you will get some money”. As part of it they took sign on agreement paper from my father without paying single penny and without noticing me or my mother. Also he claims now that my father took additional 2lakh for my marriage, without any proofs..!!

My question:
1. Is it legal to take property of ancestor without informing me (27 year old) or my mother..?
2. All he have is an agreement of 2.5lakh – My father is illiterate and he took sign
3. He sent false notice saying additional money of 2 lakh.

How to deal with it..?

[Dr. Ashok Dhamija]

Presuming that your grand-father died intestate (without leaving a will) and that it was not a joint Hindu family property, you and your mother do not get right in the property since your father is alive. This is in accordance with Section 8 of the Hindu Succession Act, read with the Schedule to the said Act, which are reproduced below for your information:

“8. General rules of succession in the case of males.—The property of a male Hindu dying intestate shall devolve according to the provisions of this CHAPTER—
(a) firstly, upon the heirs, being the relatives specified in Class I of the Schedule;
(b) secondly, if there is no heir of Class I, then upon the heirs, being the relatives specified in Class II of the Schedule;
(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and
(d) lastly, if there is no agnate, then upon the cognates of the deceased.

“Schedule
(See Section 8)
HEIRS IN CLASS I AND CLASS II
Class I
Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son 1[son of a pre-deceased daughter of a pre-deceased daughter; daughter of a pre-deceased daughter of a pre-deceased daughter; daughter of a pre-deceased son of a pre-deceased daughter; daughter of a pre-deceased daughter of a pre-deceased son].

Class II
I. Father.
II. (1) Son’s daughter’s son, (2) son’s daughter’s daughter, (3) brother, (4) sister.
III. (1) Daughter’s son’s son, (2) daughter’s son’s daughter, (3) daughter’s daughter’s son, (4) daughter’s daughter’s daughter.
IV. (1) Brother’s son, (2) sister’s son, (3) brother’s daughter, (4) sister’s daughter.
V. Father’s father; father’s mother.
VI. Father’s widow; brother’s widow.
VII. Father’s brother; father’s sister.
VIII. Mother’s father; mother’s mother
IX. Mother’s brother; mother’s sister.
Explanation.—In this Schedule, references to a brother or sister do not include references to a brother or sister by uterine blood.”

     

---

Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Author]

Posts