Regarding my ancestral property
My grandfather bought a shop from someone from where he was renting on the name of my uncle (father's brother) while my father was doing business in the same shop .My grandfather and grandmother both died. After more than 30 yrs , my uncle said to my dad that he don't have right on this property and want my dad move out from the shop .We filled a case against my uncle to right on this property. Now the case is proceeding in the lower court.I am a permanent resident in Australia.I need ask that do I have any right to claim on this property on ancestral basis.If not than there is any other way we can claim this property and what will be the decision of the court in this case you think?
Asked in Family Law from Patiala, Punjab
Simply because the rent receipts are in the name of your uncle he does not become an owner of the shop. You must be having the title deed of this shop by which the shop was purchased by your grand father. In whose name has the shop been registered? What is the nature of litigation pending in the subordinate court? If you can prove that the shop was purchased by your grand father then you or your father can claim the shop to the extent of their lawful share. Whether or not it can be claimed as ancestral property depends on more factors than one.
It will be unwise to predict the outcome of the case in the court.
you have stated that shop was bought in name of uncle . if it is bought in his name he would claim to be absolute owner of property . it is necessary to go through the case papers to further advice . litigation outcome cannot be predicted .
If the said property was bought in the name of your uncle by a registered deed or the said property was gifted to your uncle by a registered deed of gift during life time of your grandfather then your father can not claim.On the other hand if your grandfather died intestate and left the same in his own name then your father have equal right with your uncle.