• How can I acquire ancestors property after grandfather death

My grandfather passed away 2 days back without preparing any will. And my father is only son and no siblings. My father is retired assistant sub inspector Delhi police and my mother is a teacher at Delhi. I have two sibling younger sister working as teacher at Haryana and younger brother studying in 11 the standard. After the taking voluntary retirement my father started staying with my grandfather and we are staying at Delhi. My father was always used to fight with my grandfather over property and tortured him if he didn't give him money .He has spend all his earned money on alcohol. I want to save my ancestoral property and doesn't want my father to sell it for his drinking habit. My grandfather wanted to give his property on my and my sister and brother name and used to call us for same which my father didn't want. Please guide what and how can I and my brother and sister can claim on the property?
Asked 7 years ago in Property Law
Religion: Christian

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5 Answers

1. If the proeprty held by your grandfather is not his ancestral property then he can transfer the same to anyone he choose.

2. To this he can make a gift deed in your name along with your sister to make both of you its joint owners.

3.Once he does that your father can not get this proeprty transferred in his name from your grand father.

So act accordingly.

Devajyoti Barman
Advocate, Kolkata
23198 Answers
510 Consultations

1) on grand father demise your father is the only legal heir

2) during your father lifetime you and your siblings have no share in the property

3) even if you file suit you would not get injunction restraining father from selling the property

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

There is no concept of ancestral property among Christians

You would not get any stay order from court

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

Since this property belonged to your grandfather, upon his intestate death, the property shall devolve only on the legal heirs of your grandfather.

The legal heir is your your father alone.

Therefore your father alone shall be the absolute owner of the property by the virtue of law of intestate inheritance.

Grandchildren do not have any rights in the grandfather's property during the lifetime of their father.

You cannot stop your father from selling his own property, legally.

If your father is not maintaining the family then you can file an injunction suit by creating a lien or charge on the property for the purpose of maintenance.

You cannot do anything beyond this

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

Also guide how can we secure the property from my father misusing it because of his drinking habit.

As I had opined that you cannot do anything about legally, you may have to look for some other ways not involving law, you may search for any other mode to stop this unfortunate event to happen

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

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