If your grand father inherited hasproperty from his father on his death then the proeprty is ancestral in nature and he can not deprive your father in giving his due share.

In that event if your father is refused to have his due sahre he can file a suit for partition to claim his share.he can also seek injunction sothe proeprty may not see change of hands to frustrate his claim in court.

1) your father should on grand father demise file suit for partition for division of property by metes and bounds

2) seek injunction restraining sale of property by other legal heirs

3) your grand father can bequeath property by will to whomsoever he pleases

It depends if the property is ancestral or not. If the property remains undivided for four generations then only you can have rightful share otherwise your grandfather can dispose the property as per hsi wish.

Regards

1. Since it is an ancestral property, as per your narration, you can file a case in the competent Court of the concerned jurisdiction for declaration and separate possession of your family's rightful share in the property.

2. Before that, you can send a legal notice to your grand father through a Lawyer for your family's rightful share. Based on the reply to legal notice, you can decide whether to approach the Court or not.

This is not an ancestral property and therefore it is on the will of your grandfather to dispose the property in any manner as desired by him.

Regards

your grandfather can bequeath the property according to his wish. if he dies without will then you or your father prefer partition of the property.

1. Ancestral property is one which has traversed for four generations without division and is intact. From great grand father(paternal side) to great grand children(paternal side). I am quoting the definition "Property inherited up to 4 generations of male lineage (i.e., father, grand father, etc.) is called as ancestral property". The right to a share in such a property accrues by birth itself, unlike other forms of inheritance, where inheritance opens only on the death of the owner.

2. In the instant case(as per your narration), your great grand father divided the property between your grand father and his brother, therefore in your grand father's and his brother's hands, it is their self acquired property. Since it is the self acquired property of your grand father, he has the absolute right to deal with the property in any manner he likes, including gifting the property to anyone or selling the property and he may do anything with the proceeds as he likes during his lifetime.

3. Being the owner of self acquired property, your grand father can execute a 'WILL' and bequeath the property to anybody, including your Father and/or Uncle. In case he dies intestate(without executing a "WILL"), then your father along with other legal heirs get equal share in the property.

Once this property was divided by your great grandfather amongst your grandfather and his brother, the portion inherited by your grandfather would assume the nature of self acquired property.

Your father will have a share in this property only in case your grandfather dies intestate, I.e, without executing a will.

Your father cannot claim an inch of this property during the lifetime of your grandfather

It is not ancestral property

2) it would be regarded as self acquired property of your grand father

3) grand father can bequeath property by will to whomsoever he pleases

If your grandfather died intestate and left the property in his own name( without any gift to your uncle) then your father have equal right over the property. Ask your father to file a Suit for Partition and Injunction to claim his share in a civil court where the property is situated.

File a Suit for partition you have a clear case for partition.

Dear Client,

There`s is law of primogeniture in which only eldest son has the absolute right in the property which mostly prevailed in Raja Maharajas, and after enactment of Hindu Succession Act, same has been thrown out.

And as its ur great grand father`s property (4th Generation), all the child, grand child, their child ( Great grand sons/daughters) have equal share in the property.

1. If the title of the property still stands in the name of your great grandfather i.e. father of your grandfather then it is considered as an ancestral property for you on which you have equal share along with your grandfather, father and uncle.

2. File a partition suit claiming your share of your ancestral,property.

3. Engage a local lawyer having expertise in this field.

4.If title of the said property does not stand in the name of your great grandfather, but your grandfather, then it is not an ancestral property for you and in that case your grandfather has all the rights to deal with his said property in any way he feels like including depriving you and your father of its share in future.

1. If title of the property stands in the name of your grandfather, it is up to him as to what he will do with hisn said share of his father's property.

2. Neither you nor your Uncle or father has any right on the said share of your grandfather's property.

If this property was self acquired or inherited by your grandfather then it becomes his own and absolute property.

Neither you nor your father can claim any share in his properties as a right at least not during his lifetime.

Your father can seek his legitimate share only if your grandfather is reported to have died intestate.

Since your grandfather's father distributed his properties to his two sons, they become the rightful owner of their respective share of property.

Therefore the property in the hands of your grandfather is not ancestral property hence his authority to bequeath his entire property in favour of anyone of his choice cannot be questioned or challenged.

As opined earlier, neither you nor your father can claim any share in the property as a right