• Grandson's rights in grandfather's property

My great grandmother purchased an property in 1949 and transfered it to my grandfathers name on his birthday and died. And later my grandfather died intestate [Died without a legal will or doing partitioning], my grandfather had 3 sons and 4 daughters. And after my grandfather died in 1970 approx. Then this property came to my grandmothers incharge but after my grandfather death all the legal heirs [sons & daughters] stood in court and made an afidavit stating that as our father died leaving this property know our mother [my grandmother] will the caretaker of this property for the enojyment of the family, this afidavit was made after the death of my gradfather may be in 1977 approx. And later all sons and daughters got married before 1990.

Now im elder son of my father who is second son of my grandfather. Im living in this property from 2001 till now.

In 2005 all my grandfathers sons and grandmother jointly sold half of the property and shared among sons and gave some traditional amount for daughters. And my father got nearly 6lacs but he gave me just 20 thousand as my share and also because they took signature from me for selling the half of the property.

After that i got wild because of unjustified share given to me, i filed an suit against them asking right share in sold property and remaining property as being grandson of my grandfather.

this case has been started in 2005 and running till now and now its in mediation stage. My lawyer clearly says you will get 1/3 of the our father share as my younger brother is also there, nothing to worry. But some of known persons says i will not get anything in this property.

Sir i want to know my rights and will i get right share in this property and do my case in court hall will win as per justice, kindly guide.

Thanks in advance for reading my story ...
Asked 3 years ago in Property Law from Bangalore, Karnataka
it appears your great grand mother  was owner of property and she made a gift in favour of your grand father .your grand father became absolute owner of said property .  on his death in 1970 his wife and 7 children each had 1/8th share in property . since 50%of property has been sold with consent of all legal heirs each legal heir would be entitled to 1/8th share of sale proceeds . prior to 1956 a son acquired by birth right in father property . such property was ancestral as far as son was concerned . however after 1956  property standing in name of father /grandfather does not become ancestral as far as son /grandson is concerned .under section 8 of hindu succession act grand son cannot during father life time ask for partition of self acquired property of grand father . you may not get any share in said property .
Ajay Sethi
Advocate, Mumbai
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At the outset, let me acquaint you with the fact that the document which you have referred to as 'affidavit' in the earlier part of your statement if facts, is in pith and substance a 'settlement deed' (at least it seems so without perusing it). The rights of your father and his legal heirs, which otherwise were to flow out of the law, are now subject to the deed of settlement made by the surviving heirs in 1977 (as approximately mentioned by you). Since your father was also a signatory to this deed of settlement, the legal effect of his signatures could be that your rights in the property during the lifetime of your father are emasculated. When the property was proposed to be sold in 2005 you could have obtained a stay order on the sale after proving your equal rights therein. 

It is almost impossible for us to gauge and tell you without making a thread bare perusal of the deed made in 1970 as to what is the legal effect of such a settlement on your rights. Your lawyer has seen all the documentary evidence related to the case and also the demeanor of witnesses who have testified in the court, so he is best placed to answer your queries. I will, therefore, suggest you to repose faith in your lawyer as his assertion that you that you will get 1/3rd share in the property must be founded on some rationale.
Ashish Davessar
Advocate, Jaipur
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447 Consultations
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How fruitful your quest for justice will be depends on the legal aspects involved in your case and the diligence with which you fight the legal battle. 

Without a minute appraisal of the documents of title no lawyer can advise anything. Continue the fight and do not be disheartened. You may well succeed.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
as advised by my learned friend MR Davessar we have not gone through the various documents  in the case filed in court . we have advised you based on facts stated by you .you have already engaged a lawyer to fight your case and taken opinion of other known persons . 
since case is in mediation stage better arrive at an amicable settlement with other relatives . if no settlement is possible you have no option but to continue fighting the case .
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0

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