• Division of property

My Grand father died two years ago he left no will.
We have approximately 5 acres of land,my dad built a house on one of the land with his own money.
Now my uncle and aunts and their sons want the property to be divided along with the house.
Which possible course should me and my father should take to save the house?
P.S the land is not ancestral because many land was bought in my Grand father's lifetime.
Asked 7 years ago in Family Law
Religion: Hindu

Ask a question and receive multiple answers in one hour.

Lawyers are available now to answer your questions.

5 Answers

On grandfather demise grandmother , your father and his siblings would have equal share in his 5 acres of land and house constructed on said land

2) your father cannot lay exclusive claim on the house

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1) at time of partition you can take the plea that investment for construction of house was done by your father and in case of partition your father should be compensated for expenditure incurred by him

2) in the alternative in the event of partition house should be given to your father

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

If the property belonged to your grandfather and he is reported to have died intestate then the properties shall devolve equally on all his legal heirs which include all the siblings of your father.

If your father had constructed the house on a land then whether that portion of land was settled by your grandfather in your father's favor?

If not then on what authority did your father build the house on a third party's property ?

The house property though built by him cannot be claimed to be legal becasue the land do not belong to him, it was his father's property which belongs equally to all of the legal heirs of your grandfather.

Amicable settlement with negotiations can save the house and you can continue to enjoy otherwise the court only has to decide about the fate of the house

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

Sir the house was built after my Grand father died.

Is there any remedy so that the house comes in our share when the property is divided.We have some documents proving we have invested money in it.

If the house was built without consulting other legal heirs, then it is an high handed act of our father. It can be considered as illegal construction.

The other legal heirs can file a suit to demolish the illegal structure on the common property.

Instead of fighting it legally, t would be better to negotiate the terms and settle an amount as compensation to other heirs instead of fighting a long drawn legal battle in the court.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

they cannot make any claim upon the house because it has been erected out of the self income of your father. therefore he has better title over the house than any other person. law is settled about this matter i.e. if a member of joint family erect a house over the land having in possession of joint family with a intention that not to merge it in joint family property then he has absolute right over the property. other members have right to claim partition and get compensation if their portion of land comes under the house.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer