Property transferred from my grandfather to grand son and grand daughter
2 months ago
Dear Sir,
My name is kuldeep; I am from Delhi, This is an issue of domestic violence and property related. Sir My grandfather has two grandson & two granddaughter, and grandfather had transferred the own property in the name of grandsons & daughters in 1998 after my death the property should be divided equally my grandfather died in july'2005. In 2018 grandfather's property sold and bought a new property and transferred money of grandfather's property to my mother account and bought it in her name
Now the matter, Sir After the granddaughter's marriage, granddaughter and brother in law have grabbed the entire property by keeping grandson's mother in their favor. They are talking about eviction of grandson. Will he get this share or not?
A.Dear Client,
If the property was originally transferred to the grandsons and granddaughters in 1998 and your grandfather passed away in 2005, it raises concerns if the property was subsequently sold in 2018 by someone other than the grandsons and granddaughters. In this scenario, where the property is considered ancestral and the grandchildren have entitlement to an equal share in it since their birth, it may be necessary to take legal action to protect their rights.
You may consider filing a civil suit for a declaration under Section 34 of the Specific Relief Act, 1963 before the competent Civil Court. In the suit, you can request an injunction under Order 39 Rule 1 & 2 CPC (Civil Procedure Code) read with Section 151 of CPC, seeking the Court's intervention to prevent any further unauthorized transactions or disposal of the property. This legal action aims to assert the rightful ownership and prevent any wrongful transfer of the ancestral property.
It is crucial to consult with an experienced advocate specializing in civil matters to guide you through the legal process. They can provide specific advice based on the details of your case, help you understand your legal rights, and take the necessary steps to protect the interests of the grandchildren in the ancestral property.
If the property was originally transferred to the grandsons and granddaughters in 1998 and your grandfather passed away in 2005, it raises concerns if the property was subsequently sold in 2018 by someone other than the grandsons and granddaughters. In this scenario, where the property is considered ancestral and the grandchildren have entitlement to an equal share in it since their birth, it may be necessary to take legal action to protect their rights.
You may consider filing a civil suit for a declaration under Section 34 of the Specific Relief Act, 1963 before the competent Civil Court. In the suit, you can request an injunction under Order 39 Rule 1 & 2 CPC (Civil Procedure Code) read with Section 151 of CPC, seeking the Court's intervention to prevent any further unauthorized transactions or disposal of the property. This legal action aims to assert the rightful ownership and prevent any wrongful transfer of the ancestral property.
It is crucial to consult with an experienced advocate specializing in civil matters to guide you through the legal process. They can provide specific advice based on the details of your case, help you understand your legal rights, and take the necessary steps to protect the interests of the grandchildren in the ancestral property.
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A.Dear Client,
The grandfather transferred his property in favour of his grandsons and granddaughters in 1998 and expired in 2005, Then, how the property is sold in 2018 by someone other than the grandsons and granddaughters and bought a property in his/her name from the sale proceeds of the said property? A property of the grandfather is the ancestral property in the hands of the grandchildren and they are entitled to an equal share in the said property since their birth. In the given scenario, you need to file a civil suit for a declaration under Sec.34 of the Specific Relief Act, 1963 before the competent Civil Court seeking an injunction under Order 39 Rule 1 & 2 CPC read with Section 151 of CPC requesting the Court to exercise its inherent power to do justice. Reach out to an Advocate experienced in civil matters for guidance and steps.
The grandfather transferred his property in favour of his grandsons and granddaughters in 1998 and expired in 2005, Then, how the property is sold in 2018 by someone other than the grandsons and granddaughters and bought a property in his/her name from the sale proceeds of the said property? A property of the grandfather is the ancestral property in the hands of the grandchildren and they are entitled to an equal share in the said property since their birth. In the given scenario, you need to file a civil suit for a declaration under Sec.34 of the Specific Relief Act, 1963 before the competent Civil Court seeking an injunction under Order 39 Rule 1 & 2 CPC read with Section 151 of CPC requesting the Court to exercise its inherent power to do justice. Reach out to an Advocate experienced in civil matters for guidance and steps.
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