My grandfather passed away a few months ago and his now 60+ y/o lived with him at the time. Her sister is still living in mumbai, however my father, their brother passed away a few years ago. Do I, as his son have any heirship to the property. How can I ensure the property is not soldwithout my consent, if my consent is at all needed. I have no interest in financial gain, I would just like my son to see where his grandfather and great grandfather lived and have some benefit of that history and knowledge.
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On grand father death intestate his property would devolve on your grand mother , his daughter , your father legal heirs
2) your mother , you and your siblings would inherit your father share in property
3) your consent is necessary for sale of property
4) you can file suit for partition for division of property by metes and bounds
5) seek injunction restraining sale of property pending hearing and final disposal of suit
1. If your father passed away intestate then his heirs i.e widow and children succeed to his share in the property, to cull out which a suit for partition can be filed in the civil court.
2. You may also file a suit for permanent injunction to restrain the other heirs from creating third party rights in respect of the property without your consent.
1. The legal heir of the grandfather has share in his proeprty only if the proeprty left by the grand father is ancestral property.
2. So you have sahre in the same by birth in the event the proeprty is the ancestral proeprty.
3. So if you think your share is unlawfully deprived then file a suit for partition and seek injunction,
If your grandfather is reported to hav died intestate then his properties shall devolve on all his legal heirs.
Since your father is also one of the legal heirs, you as his own legal heir is entitled to a share out of your father's share in the property.
You can file a partition sit and also an injunction application restraining the other people from selling or alienating the property till the disposal of the partition suit.
This will ensure the property to be safe and secured till the disposal of the partition suit.
1. All the legal heirs of your deceased grandfather being all his children will equally inherit his properties.
2. In case of his deceased children, their legal heirs will equally inherit the shares of the deceased children.
3. You should now file a partition suit claiming your share of your father's share of your grandfather's property.
4. Once the said property is divided and demarcated with metes and bounds in your name, you are required to mutate you name in the land records of the property.
5. After your demise, intestate, your legal heirs will equally inherit the said property which has been partitioned in your name.
