• I want to claim on my property

Hi
My father has 2sons(including me). I am the second person in the family. We both are married and my brother wants me to leave the house which we are leaving now.
As per the property documents, I  came to know that the land belongs to my grandfather, after his death the sons of my grandfather (including my father) had made the partition. And in linked documents, its clearly mentioned that the land was purchased by my grandfather. 
Here is my question : 
1. can I have rights to fight on the property which we are leaving now. 
2. If yes under which section should I fight (i don't have money to pay for the lawyer). I want to fight on my own.
Asked 3 years ago in Property Law
Religion: Hindu

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22 Answers

1) on grandfather demise property was inherited by your father and his siblings

2) property was partitioned among legal heirs

3) you have no share in property inherited by your father

4) it is not ancestral property

5) property which has remained undivided for four generations is ancestral property

Ajay Sethi
Advocate, Mumbai
80471 Answers
4927 Consultations

5.0 on 5.0

Is your father alive??

The property is solely of your father he can distribute it according to his will neither you nor your brother can claim it.

In case your father has died imtestat without any will than you will have equal right on the property as your brother.

And the property shall be distributed among legal heirs of father.

But if he is alive he can transfer sale gift or make will of property in favour of any person he wants.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
125 Consultations

5.0 on 5.0

1. This depends. Incase this house has vested upon your father post the partition, this house has become the self acquired property of your father and neither you nor your brother can stake a claim upon this property during his lifetime. If the position is to the contrary, you've as much locus as your brother to reside in this house.

2. File an injunction suit seeking a restraint order against your brother restraining him from dispossessing you from this house.

Vibhanshu Srivastava
Advocate, New Delhi
9148 Answers
184 Consultations

5.0 on 5.0

In this matter you have to file partition suit, claiming your share in the property.

Good Luck / All the Best

Damoder Kankeeram
Advocate, Hyderabad
50 Answers
2 Consultations

4.8 on 5.0

yes you have right

Ravi Kumar Singh
Advocate, Patna
52 Answers
2 Consultations

4.0 on 5.0

1. Yes, a son acquires right to ancestral property by birth.

2. Difficult, you will get defeated. Engage a lawyer.

Rajaganapathy Ganesan
Advocate, Chennai
1841 Answers
8 Consultations

4.9 on 5.0

1. Grandchildren have no birth right in the property of the grandparents.

2. This is correct.

3. Contact a local civil lawyer to do this for you.

4. Yes, you've rightly heard this.

5. See 3.

This is a complicated land dispute and you are advised to take help of a lawyer. Going alone would not yield the desired results.

Vibhanshu Srivastava
Advocate, New Delhi
9148 Answers
184 Consultations

5.0 on 5.0

you have no share in said property

2) your consent is not necessary for carrying out partition

3) you would be wasting your money on legal fees

4) litigation is long drawn and expensive proposition

5) however only your father can call upon you to leave the house . your brother cannot force you to do so

Ajay Sethi
Advocate, Mumbai
80471 Answers
4927 Consultations

5.0 on 5.0

The son has claim on property from the father received as ancestral property.

Since in your case.this is not.ancestral.property.

If your father has died intestat and your brother is not allowing you for property you can file for partition of said property as you have right under Hindu Succession act to equally inherit your fathers property if he dies without any will.

In case your father is alive neither you nor your.brother has any right.

1. No.gramdson.dont have any right to grandfather property.

2.No your consent was not.required.

3. You can file a civil application praying injunction against disposal of.property. you can seek.intrim injunction.

4.yes but you can't contest it here.

5.file a suit of partition against your brother along with documents in the civil.court.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
125 Consultations

5.0 on 5.0

Dear Sir,

My answers are as follows:

1. can I have rights to fight on the property which we are leaving now.

Ans: Yes, you cannot in the life time of your father.

2. If yes under which section should I fight (i don't have money to pay for the lawyer). I want to fight on my own.

Ans: You can approach Legal Services Authority to get free advocate. You need not bother about the sections of different Acts which will be looked after by your advocate.

1. I heard that grandson have right to fight the property which belongs to grandfather.

Ans: Yes, of course.

2.After my grandfather dismes, the grandfather sons had made the partition without intimation to the grandsons. Is it correct?

Ans: Yes, it devolves only on sons of your grandfather and not directly on grandsons.

3.How can i File an injunction suit seeking a restraint order against my brother restraining me from dispossessing from this house.

Ans: You just file a suit for partition. Your advocate may be asked to file interim application restraining your younger brother from selling the property.

4.i heard if the property is divided through a partition deed, family arrangement, etc it loses its ancestral character.can i fight with that?

Ans: No, it does not lost the character of ancestral nature, you can file a suit.

5. how can I file partition suit, claiming my share in the property.

Ans: It is for the advocate to prepare plaint with all the details in the legal format. It all depends upon the advocate you choose and the services you require.

Kishan Dutt Kalaskar
Advocate, Bangalore
5699 Answers
254 Consultations

4.8 on 5.0

Grand son has no claim in the property but great grand son.

in this case u can claim partition by equal share of yours and your child if have.

All legal heir have equal share.

for eg. If 5 than 1/5 each.

Yogendra Singh Rajawat
Advocate, Jaipur
21421 Answers
31 Consultations

4.4 on 5.0

If the partition deed is registered and it was done by your grandfather then it loses ancestral character. If it is partitioned by your father and his brothers after death of your grandfather without a will then such partition is bad in law and you can claim share In property. File a civil suit under order VII Rule 1&2 CPC claiming partition and also file an application for injunction restraining them from disposing off the property. It's better to appoint a lawyer rather than fighting your own case or ask court to give aid of legal services authority that is government lawyer to fight your case.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Yes you have right as it's a ancestral property.

No it is not correct they need to make you party.

You can file the same in civil court and take permanent injunction. Don't leave the possession of the said house.

You can divide it internally too. But in your case judicial partition is better.

You can file the same in civil court by making all the related persons party.

Prashant Nayak
Advocate, Mumbai
22962 Answers
49 Consultations

4.4 on 5.0

1. After the death of your grandfather your father inherited his share in his father's property by a partition. Subsequently he becomes the absolute owner of the property. Neither you nor anyone can claim any share in it as a right at least not during his lifetime.

2. The answer is NO

T Kalaiselvan
Advocate, Vellore
70524 Answers
985 Consultations

5.0 on 5.0

1. You have been misinformed or misguided that way.

2. That is absolutely right and legally valid, they do not have to take the permission or consent from any other person.

3. Your brother has no right to dispossess you from the property, only your father can ask you to leave the house.

4. Dont misinterpret law.

5. You have no rights for a share in the property during the lifetime of your father hence you cannot file a partition suit.

T Kalaiselvan
Advocate, Vellore
70524 Answers
985 Consultations

5.0 on 5.0

1You have right in house.

2 you can file suit under HAS act.

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

4.2 on 5.0

it was self acquired property of grand father 

 

on his demise property divided among his sons including your father 

 

3) grand sons consent is not required as it is not ancestral property 

 

4) you have no share in the property 

Ajay Sethi
Advocate, Mumbai
80471 Answers
4927 Consultations

5.0 on 5.0

1. No you don't have right in life of father.

2. Yes as per succession act they were right full legal heirs. 

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
125 Consultations

5.0 on 5.0

Yes still you have right in property

Prashant Nayak
Advocate, Mumbai
22962 Answers
49 Consultations

4.4 on 5.0

1. You cannot claim a share in the share of your father's share in the property as a right at least not during his lifetime. 

2. Grandson is not a legal heir to succeed to the property of your deceased grandfather's property. 

Hence you need not be intimated about it as per law. 

T Kalaiselvan
Advocate, Vellore
70524 Answers
985 Consultations

5.0 on 5.0

No but once your son/duaghter born than you and he/she will have .

 

Yogendra Singh Rajawat
Advocate, Jaipur
21421 Answers
31 Consultations

4.4 on 5.0

if it was the self acquired property of the grandfather then you will not have any legal right over the property 

Anilesh Tewari
Advocate, New Delhi
17860 Answers
318 Consultations

5.0 on 5.0

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