• Ancestral property

I am staying in my grandfathers owned flat. after the death of my grandfather now my aunt is asking for equal share in the flat can she force me or my father for the partition.so what is the suggestion if I have no other property or flat to stay.
Asked 10 years ago in Property Law

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6 Answers

since your grand father died without a will your aunt and your father being the only 2 legal heirs have equal share in flat . she can file suit for partition

Ajay Sethi
Advocate, Mumbai
94712 Answers
7530 Consultations

5.0 on 5.0

Hi, your aunt has right in the property of your grandfather.

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

of course your aunt has equal rights as your father upon the property and she can seek partition. you may however seek a family settlement with her by paying her for her share, and continue to enjoy the whole property with your father. the settlement can then be reinforced through the court. it may also be registered for authenticity and legal validity.

Tulika Prakash
Advocate, Gurgaon
113 Answers
77 Consultations

4.6 on 5.0

if there is no will of your grand father then she can ask for equal share.ia m presuming that aunt is your father sisiter

Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations

4.6 on 5.0

If your grand father died without making a will then all his children have an equal share in the flat. It, therefore, follows that your aunt can cull out her hare in the flat by filing a case for partition in court. In order to obviate the possibility of being dragged to court it will be wise for you to honour and give to her what is her lawful share by entering into a family settlement with her.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Best thing is to pay the cost of her share in the property, if she agrees so and executes relinquishment deed.

Shashidhar S. Sastry
Advocate, Bangalore
5115 Answers
314 Consultations

5.0 on 5.0

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