• Property in the name of grandfather

Sir i am grand son and my father passed away few year ago....

my grandfather has a house in which his threebout of six sons a living at present in differnt portions

i with my mother want to move out of that house as i got job in another 

one of the two uncle's( presently in haouse) does not want to seetle the case

if i vaccate the house they will sit on my portion unoffically and i will nt be able too prevent that as i am nt living there as i ve job n i cant leave my mother to live there

please help me with legal solution
Asked 3 years ago in Property Law from gandhidham, Gujarat
Hello,

You can file a suit for partition of the undivided property. The competent civil court will decide the share of each legal heir as per the law. 

If your grandfather had six sons, then you will get a 1/6 share in the property. After the partition decree, you will be able to dispose of your share, if need be.

Regards,
Nishant Bora
Advocate, Jodhpur
111 Answers
31 Consultations
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From your question it appears that your grandfather is alive at present. If it is self acquired property of your grandfather he can dispose it the way he likes. If your grandfather has expired and he has not left any will then in that case you and your mother would be entitled to one share of the six shares.
H. S. Thukral
Advocate, New Delhi
524 Answers
130 Consultations
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In that case, you may file a civil suit for declaration to secure your undivided portion of the property.
Prabhat Shroff
Advocate, Kolkata
141 Answers
39 Consultations
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