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How to transfer ancestral property named in great grandfather?

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

Ancestral property

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Question: How to transfer ancestral property named in great grandfather? Can a co-owner transfer ancestral property when it is in the name of the great grandfather? My grandfather received some property from his father but name did not change. It is in my great grandfather’s name. Now my grandfather has expired and his four sons are there. Now one of my uncle want to transfer his share of property out of 4 (brothers) share  to his son or daughter in law. Is it possible to transfer if yes then how? Kindly give the solution. 

Asked from: Bihar

Your uncle cannot transfer his share without partition. This is an ancestral property and all the sons and grandsons of your grandfather have rights in this property. 

All the legal heirs of your grandfather are constituting a coparcenership. They have rights in this ancestral property by birth. Therefore, coparcener’s right remain unaffected even though their names are not entered in the revenue record i.e. Khatauni.

File a partition suit

Transfer of ancestral property without partition is not possible when the property is in the name of the great grandfather. In this situation any one son of your grandfather should institute a suit for the partition of the ancestral property. If the property is an agricultural property then a suit shall be filed in the court of Tehsildar otherwise in the court of civil judge. 

If you don’t want to file a civil suit then prepare a family settlement deed and get a declaration of right from the civil court on the basis of that deed. 

Mutation

After accomplishment of partition proceedings, move a suit for mutation of name of owner in the revenue records. The Tehsildar on the basis of partition decree or declaration decree, will mutate the name of owners in the khatauni. 

Transfer ancestral property

After completion of partition and mutation your uncle can transfer his portion of land to any person either through gift or sale. He can thereafter, gift his share to his daughter in law and that gift will be legally valid.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

Consult on Criminal, Civil, Writ, Matrimonial, Service matters, Property, Revenue, SARFAESI related cases

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