Grandfather's ancestral property only in one son's name: My grand father with 4 sons died long back in 1936. He owned a house and farm land.

After death of grand father eldest son (my big uncle) being head of family the house and land he got mutated in his name. All his three brothers (including my father) were insisting for mutation of their names also in house and farm but eldest uncle always kept on giving different excuses kept all property in his name only.

Now all the four sons of grandfather also no more and the house property and farm eldest uncle’s son got mutation in his name as only son of eldest uncle, saying that he is only owner of his father’s property.

How can ,the grand children of our grandfather get our rights in our ancestral property? Thank you. -- Mohd Moizuddin, Navi Mumbai

You need to file a suit for partition along with reliefs of declaration thereby praying to declare that you (grand children) have your undivided share in the ancestral house and farm land of your grand father, although it had been mutation entries in the name of only eldest son of your grand father, yet you all being the legal heirs you also have legitimate undivided shares in the said property.

You will need to pay court fee equivalent to the value of your share in the property e.g. if the Govt rate of the property is 40 lakhs and your share is 1/4th then on 10 Lakhs you will need to pay court fee of Rs 6,430/= (approx).

This suit can be filed by any legal heirs of the deceased grandfather, including you. And the suit may take approx. 2 years (time depends on many things).

Ibrahim Deshmukh
Legal Consultant
[email protected]