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MGrandfather bought agricultural land in 1964.
In 2008 , land was divided in 5 shares and registered as same too.
my father and 3 uncles and one share of grandpa.It was mutually decided that anyone who will take care of parents till end that son will get the share of grandpa. My father being eldest son had taken this responsibility.
So around 2010 my father got grandpas share registered in his name by due procedure and sign from grandpa in all awareness.So now land document as we call it here in maharashtra 7-12(Saat baara) Had only 4 sons names and my father’s share being double every other son as he absorbed grandpas share.
In 2014 , 2 of the uncles sold their farm to another 3rd party without informing us so that’s their business and we are not bothered by it.
Cut to 2024 , 1 year after grandpas demise now the sons who sold their share of farm land are asking shares in ancestral homes.
These ancestral homes are also built in everyone’s farm land.
Grandpa n our rooms are in our land.
One of the uncle in his land. 2 Uncles who sold land never lived in village so they didn’t build anything in their land as all of their life was spent in city.
My father and other uncle are paying all the bills to grampanchayat for the house like water bill , electricity bill. N sort of house tax as well but its negligible.
land for houses was never allotted to anyone however on 7-12 it mentions some of the land is classified as not eligible for farming and residential land so can my 2 uncles who sold their farm share ask for that part in residential land ? Also as my father got grandpas share registered lawfully will all agreements and documents in place will his share be contested by other uncles as on paper my fathers share is double than their?? -
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UWas all this division just word of mouth? Or did you put anything down on paper?
In whose name is the ancestral house. The 7/12 extract on which the ancestral house is located whose name does it have? Since uncle were heirs their name should have been added too, unless they gave you in writing that they have willingly given up their shares in your favor.
Everything depends on the kind of prayer work you have.
I’m not a lawyer but yes they can ask for a share in the ancestral home unless you have it in writing about the mutual decision, and documents saying they have willingly given up their share.
You can take this to court, and tire each other out, paying lawyers, multiple court visits, or sit across the table, give them a set amount in exchange for registered documents saying they are relinquishing their rights to you.
In the long run it week be less stressful and the family integrity will be maintained.
Take photo copies of all the documents meet two good lawyers for consultation, keep so your questions ready that you want to ask them. And then decide.-
MThanks for the reply, Yes it is all part of the agreement when land was allotted and distributed, has signs of all uncles as well.
And about the ancestral house , its not having any explicit or different 7-12, house is built on farm land and only father and 1 uncle are living in it.
So my actual concern was when uncles sold their share of farm land , shouldn’t their share from house also get sold to the third party?
There are no separate documents for house.-
UHi Again… house has a ghar Patti… whose name is on that and so pays the ghar Patti?
If your papers are sound, show them to two good lawyers like I mentioned and A) check from them how legal strong your papers are. If anything missing, then get the procedure done and get all your paper work sorted and secure. This could entail getting proper bills in your names etc.
2) Also consult as to on what grounds they can ask for share now, and based on your papers if there is any weak link.. that can be exploited by them.
3) you are in possession, that’s the biggest advantage. Do not allow them to come in and stake any possession since you know what their intentions are now.
4) Ask your lawyer but you don’t launch an offense legally, rather defend the case if they launch something. But that’s my opinion, you’re lawyer might have a different strategy and logic. Also i haven’t seen your documents, so I can’t really say much.
Good Luck … hope you can resolve this swiftly and amicably.
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