I’ve dispute with my grandfather and uncle. My father was 3 brothers and from those 3 my father and his elder brother has expired. Now my grandfather is favouring only uncle and ready to give away everything which he has. I want to know couple of things here. 1) Can my grandfather give everything to my uncle instead of dividing that into 3 brothers. 2) If I want to claim my share from that property what process do I need to follow and what all things I’m eligilble to take from ancestor property. Few bullets points :- - Properties that are in question is ancestor property. - All ancestor properties are registered with either grandfather name or grandfather plus 3 brothers. - Property includes both agriculture land as well as non agriculture land(residential). Reponse appreciated! Thanks
See of the properties are ancestral or hindu joint family property you have share in same and can claim partition by filing a suit but in case same are inherited after partition or self earned you have no share in those properties of grand father.
You can seek partition of property by way of filing a suit before civil court and can seek possession of same.
Properties acquired by your grandfather are his and he can dispose them as and when he likes. The property registered in the name of your father is the property in which you have a right and hence can sue them. If your grandfather prefers somebody over you or your family... that is his choice.
Regards
If it is a ancestral property you can file suit for partition for division of property by metes and bounds
2) seek an injunction restraining grandfather from creating third party rights on the property
3) grandfather cannot transfer entire property to your uncle
If the property is self acquired property of grand father then he can give as per his will and wish. If it's an ancestral property he has to give share to all legal heirs.
1. Your grandfather can give only his self acquired property yo your uncle exclusively. if there is ancestral property then you your cousins and grandfather and uncle have equal rights over it.
2. So to claim your due share and to stop your grand father from transferring the ancestral property to a person of his choice, you can file a suit for partition and injunction in the local court.
3. Since many properties are registered in the joint names of your father and uncles it would be easier for you to get injunction order from court.
1. Your grandfather is at liberty to give his entire property to anyone he desires. The right of a true owner to discriminate between his heirs at the time of division/bequest of the property is sacrosanct and indefeasible. It is open to him to give lion's share to one son and peanuts to other, or even bequeath the entire property to one heir to the exclusion of others.
2. On what basis do you claim it to be ancestral property? Under Hindu law a property, in order to attain the character of ancestral property, has to be originally purchased by the fourth lineal descendant and remain undivided for four generations.
If the property is self acquired by the grand father he may dispose of by will or other testamentary disposition as per his wish.
If the property is ancestral to him he can not dispose of the property except for any legal requirements or to a reasonable limit for any valid reasons without consent of other co-perceners.
All members of the family becomes a coparcener by birth as per law.
1. "IF" the said properties are ancestral, THEN Grand-Father CANNOT simply transfer the same to any one person. The said properties have to be equally partitioned amongst the residual Legal Heirs (and their heirs), by following due procedure of law.
2. Options are: Settle amicably thru a registered "Family Settlement Deed", .OR. file civil suit for partition of the ancestral property.
Keep Smiling .... Hemant Agarwal
1) If its ancestral property than you have your share in the property. Granfather can give his share to uncle, but the sharing ratio will be 25% each.
2) One for grandfather and his 3 sons = 100%, so uncle can get is 50% share from property. Your father will get 25% and expired elder uncle will have 25%. As per Hindu Succession Act.
Dear Sir,
Ans; If it is ancestral properties, then he cannot give properties to your uncle. If it is not ancestral property then he has absolute right to give properties to anybody.
Ans: If it is ancestral property then you go for partition suit, file a case and get your share.
An ancestral property means a property which is devolved upon heirs by the 3 generations above them; father, father's father or father's fathers' father. It passes to the next three generations. ... The right to use and acquire property is accrued by persons through birth itself.
1.Your grand father can give his entire self acquired property to any one.
2. Your grand father cannot transfer entire ancestral property to one son. He can transfer only his share.
Yes.
If property is acquired by grand father from his father - intestate succession than you can claim partition of yours and your father share.
1. If the property in question was your grandfather's own and absolute property, then he may transfer the same to his one son alone also, his authority cannot be questioned at least not legally.
2. When your deceased father itself do not have any rights in the property, how do you think that you have any rights in the proeprty that belongs to yor grandfather?
If the property has been registered on your grandfather's name then it lost its character of ancestral property, therefore nobody has any rights in it at least not during his lifetime.
If there was any property on your deceased father's name, then you can claim a rightful share in it as your father's legal heir
