Property ownership

2 years ago

Hi, I stay in a flat from 16 years. This flat is in my aunt's and grandmother name. Grandmother has 2 daughters and 4 sons. Total 5 children of my grandmother.Two of son's are expired and I am his son who is staying in flat from 16 years. In short , I am grandson whose father is expired. Aunt whose name is in property has done second marriage because that son is also expired. As I am staying in this flat from 16 years , do I(grandson) have a legal right on this property? 2 daughters of my grandmother i.e. my aunt's are alive and now they are also claiming on this property. In last 15 years ,I have done all maintenance and repair work. Paid all bills and staying there. Could you please let me know if I can claim full ownership on this property?

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Sidhaarth

Responded 2 years ago

A.No. Since flat is in joint name of grandmother and aunt hence on death of grandmother half portion of flat is liable to be distributed among all legal legal heirs of your grandmother i.e. her daughter's and sons in equal proportion including your mother but only being gradson you donot have any independent ownership right or title over the flat. Your stay in flat is merely as permitted licencee only. Payment of bills etc does not constitute any ownership right in your favour.

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Anik

Responded 2 years ago

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A.Hello Sir
As the property you are staying in is in your grandfather name then it's a ancestral property and you have all rights to claim share in that property. It would be suggested to get a legal heirs certificate from the court and NOC from your aunt regarding that property.
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Tanmoy Chattopadhyay

Responded 2 years ago

A.Since you paid all maintenance and other charges you will have the first right of getting your preferred choice of partition in case it can be shown that despite you asking for maintenance the other legal heirs didn't pay the amount. Also you can ask for those charges and recover them from the heirs who now claims part of that property. That being said the law is harsh with cosharer of ancestral property as it protects the right of all coparceners equally. Hence it would not be possible to deny the right of the other cosharer to the 50 % share as the other half is already in the name of the aunt.

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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hello
The flat you are living in from 15-16 years is in your your grandfather and aunts name. That means it's a ancestral property and as a grandson you have rights in that property. You could inherit that property after yiur grandfather death by getting a legal heir certificate from the court and Non objection certificate from your Aunt.
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Adv . Shirish Patil

Responded 2 years ago

A.Sir, I had gone through your legal query. As per your query, you will never get full ownership of the property. As this property is in the name of your aunt and your grandmother. Your aunt having half ownership of that property and in remaining half rights will go towards the legal heirs of your grand mother. And amongs those legal heirs , the right your father may get, all these rights will come towards you. And your are the owner for that much rights in the property.

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