• My rights on grandmother's property

There is a property in my Late. grandmother's name and I have all the documents (Sale Deed, EC, Latest Tax Paid Receipt, Khata) showing her name on it. My grandmother has three children 1.) My Dad 2.) Uncle A and 3.) Uncle B. Uncle A is staying in the ground floor and Uncle B has constructed 1st and 2nd floor on the same property without the permission of my dad or Uncle A using my grandparents retired money and claims he owns them and has given both the floors for rent and enjoying the rent money alone. When my Dad and Uncle B asked to share the rent, Uncle B is objecting and claims that my grandmother has written both the floors on his name and we do not have any rights on it. But the land is still in my grandmothers name and Uncle B nor the tenants is showing the documents of the 1st and 2nd floor when asked for it.

Can my uncle B claim such a thing and is there any way to fight for the rent or the property. Also wanna 
get a stay order for the 1st and 2nd floor and vacant the tenants.
Asked 4 years ago in Property Law
Religion: Hindu

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14 Answers

Of course you have a right in your grandmother's property.

you can definitely ask for your share in the same. For this, you need to file a suit for Partition to claim your share in the property.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

1) You can still claim for property as the property belongs to your grand mother. You can apply for partition or distribution of the property equal share.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Sir Uncle B claim is false, your father uncle A and Uncle B has equal share in the property of the Grandmother. Your father can file a partition suit over the property. The court can divide the property along with the partition suit suit for possession and eviction of the tenants can be preferred further.

Your uncle alone cannot claim the property in case there is no gift will and the grandmother has died intestate.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Your father should file suit for partition for division of property by metes and bounds

2) seek injunction restraining sale of property by uncle ,to deposit rentals in court

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

1. If your Grandmother has written any will in favour of your Uncle B as claimed by him, he shall have to apply for grant of probate and obtain the same otherwise the said will, if any , shall have no value at all.

2. The entire building constructed on the land standing in the name of your Grandmother shall also be treated as the property of your Grandmother.

3. Your father should now file a partition suit claiming his share on the entire property including the share on the rent collected by your Uncle B.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

Dear Sir,

File a suit for partition and take order for depositing the rent in Court.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Firslty, as in the absence of any will the property should go to all legal heirs equally.

Secondly, for that you need to apply for the succession certificate in the court of law.

Thirdly, yes, you can very well get the stay over the misuse of the property, and also claim the share in the rent.

Fourthly, you should file a suit for the same above in the third point plus to have share in the money also if your uncle name’s is not there as a nominee to enjoy such money.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

1. In an undivided property the property is not demarcated and hence no co-owner can claim to be the owner of a specific portion in the property.

2. Your dad and Uncle B can file a suit for partition to cull out the separate possession of their share in the property through partition by metes and bounds. They can also seek proportionate recovery of rent from Uncle A.

3. Your dad and Uncle B can also file a petition for eviction of the tenants.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Dear Client,

All brother have equal share in the property i.e. 1/3rd each. You have no share in the life time of your father. Your father and uncle can file for partition and mense profit in rent.

Court will order equal partition and share in rent if tenancy continued.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

The construction of first and second floor done by uncle B is illegal since he has not obtained permission from other legal heirs.

Before that you have to clarify whether your grandmother is living or not.

If she is living then nobody can claim any right over her property during her lifetime.

If she is not living then the property shall devolve equally on all the three legal heirs.

Your father can file a partition suit and seek separate possession of his share in the proeprty.

Let him file a petition along with the suit seeking injunction restraining the defendant to stop collecting the rent from the other floors and from encumbering the proeprty in any manner till the disposal of the main suit.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

Once gift deed is executed duly stamped and registered your sister would be absolute owner of property

2) uncle A cannot claim share in said property

3)both properties are separate

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

They both are two different subjects.

Your uncle A cannot claim a share in the property already transferred by a registered deed by your grandfather during his lifetime.

The partition suit filed by your father is for his rightful share out of his mother's property and this has no relevance or impact to the properties already settled by his father to different people.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

1. The properties which have been gifted by your grandfather by registering gift deed/s, can no be claimed by anybody.

2. Your father should exclude those properties already gifted by your grandfather in the partition suit to be filed by him and restrict it to the properties of your grandmother only.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

By virtue of GIFT DEED they are absolute owner, no claim in gifted property.

In grand mother`s property only claim can be filed.

Gift deed can be disputed is got executed in favor by fraud, undue influence etc.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

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