2 Answers
Dear Client,
Yes, your father had a right in the property, and it passed to his heirs when he died in 2022. Your grandfather died in 2011, after the 2005 amendment, so if he left no will and there was no earlier partition, his widow, two sons and daughter each inherit equally. Your father's share is one-fourth if the property was his own. On his death that share passed to five heirs: your mother, you, your two siblings and your grandmother.
The deed cannot bind you because you did not sign it, and your grandmother could at most deal with her own share. The remedy is a civil suit for a declaration that the deed is void and not binding on you, partition with separate possession, and an injunction against any sale. As a non-signatory you do not need to seek cancellation under Section 31 of the Specific Relief Act, because a declaration is enough. Limitation is generally three years from when you learned of the deed.
File a legal notice and before filing, collect the certified copy of the deed, the land records, the death certificates of your grandfather and father, a legal heir certificate and proof that your father was your grandfather's son. Check whether a will exists and whether your aunt signed a relinquishment, since either could change the position.
Dear Client
If the property was genuinely ancestral/coparcenary property, your father could have had a legal interest in it, and his death in 2022 does not necessarily mean that his children have lost that interest. But then again, it will also depend upon the actual devolution process that took place following the demise of your grandfather in 2011 as well as whether or not it is ancestral/coparcenary property or separate property of your grandfather. If your grandfather expired intestate and the property in question was coparcenary property, then the relevant provisions of the Hindu Succession Act would have to be seen. The Supreme Court has recognised that genuine ancestral property can carry coparcenary rights by birth.
Your uncle also cannot acquire exclusive ownership merely because the records were subsequently changed to show that your grandfather had only one son. The details of how the property was acquired or documented under the name of your uncle should be taken into account. Your grandmother's consent or document that was signed by her should be analyzed to see whether she had the necessary legal capacity to transfer or waive the rights concerned.
You should obtain the 2011 succession/revenue records, present title documents, mutation records, any Will/relinquishment/release deed, and the document on the basis of which your uncle's name was entered. A property lawyer can then determine whether a suit for declaration, partition and consequential reliefs is maintainable.
I hope this answer helps. If you have any further query kindly do not hesitate to contact us. Thank you.