Ancestral property Ancestral property

3 years ago

My father died. We are only two sisters , my grandfather wants to secretly write all property to his brother's son. This is unjust. How can we fight on this. We will be homeless

Srinivasa Prasad

Responded 3 years ago

A.You can claim your right in the property if it is not honored, you need to issue notice seeking your share failing which, you need to file suit for partition, and that, you need to file an application seeking restraint orders against your Grand Father seeking direction not to transfer / sell / create third party interest in the property till disposal of partition suit. (you need to check your Personal Law)
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Shreesh Chadha

Responded 3 years ago

A.Recently the Supreme Court held that the Daughter has equal share in property of the father by birth. You may assert your title over your fathers share so that it cannot be willed.

Possibility of Partition Suit and Declaration Suit.

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Adv Shreesh Chadha
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Kishan Dutt Kalaskar

Responded 3 years ago

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A.You can file partition suit if it is ancestral property. Or claim share saying it is HUB property.
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Priyanka Rajput

Responded 3 years ago

A.Hello Ma'am
As per your query, I would like to give legal advice :-
1) Firstly being a son, your father has a right in his father's (your grandfather) property, he has legal right in that property and after his death means after the demise of your father the property goes to the legal heirs i.e. you and your sister.
2) Secondly being a grand daughter you have also a legal right in your grandfathers property as coparcenary right in your ancestral property, means your grandfathers property is your ancestral property so legally you have right to claim for the same.
As per your query, the answer is yes you can claim the share in your grandfathers property being a coparcenary right and on behalf of your father's right.

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Priyanka
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Suneel Moudgil

Responded 3 years ago

A.if the property is ancestral you can claim your share, however, since the facts revealed are not sufficient, therefore, more understanding of the facts is required before suggesting a concrete resolution,
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