Rights of grand daughter on grandfathers property
My grandfather passed away around 20 years back without any will, and my grandmother also passed away a few years back.He had a kothi in new delhi. It has three floors- ground, first and second.my father and our family stay on the second floor, and the other 2 brothers of my father live on the ground and first floor. we are 2 sisters and do not have any real brother. my cousin brothers are not allowing to either sell the building or construct it as new and say that they will only do so after both of us sisters get married so that they get the entire property. My question is that does my father and subsequently us have right to the property, and since we have the second floor do we have the construction rights to the third floor also which is now allowed? how can we resolve this problem legaly and stake our claim?
Asked 4 years ago in Property Law from New Delhi, Delhi
1)was it your grand father self acquired property? did he leave any will or he died intestate ? if he had self acquired property and he died intestate on his death his 3 sons would have 1/3rd share in property . (I presume that your father dosent have any sisters).
2) your father should make an application of mutation of property in his name and that of his brothers .enclose copy of death certificate of his father .
3)since your cousins are not permitting your father to sell his share your father can file suit for partition of property . subsequently your father can sell his share .
4) your father can prepare a will bequeathing his 1/3rd share to his 2 daughters . as far as construction on third floor is concerned you cannot carry out any construction without consent of municipal corporation and of all your cousins
Hi, your right in the property is there and ever after marriage also and your father has 1/3rd share out of which you and your sister have a share