Hello I am a 21 year old girl living with my parents and younger brother in a house that was built by my parents. The land on which the house is built is registered in my grandfather's name although my father also contributed in the land's purchase. However, my grandfather let my parents build a house on it but after a couple of years due to family disputes my grandfather started claiming the house itself which was solely built by my mother and father. My grandfather did not spend a penny on the house. He took matter to the court and asked our family to empty the house. My father challenged his claim ..he did whatever was legally possible . My grandfather died last year. My father lost the case but also challenged the decision at a higher court. Now the case is continuing and i wanted to know the possible outcomes.. Can our family be asked to vacate the house?
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Your grandfather wanted yo evict you but he is now no more. Therefore now your father is the legal heir who has a share in the land unless your grandfather willed it to somebody else.
Therefore now the land belongs to your father and his siblings if any and it will be divided as such.
Regards
1) Now the property will get distributed among legal heirs of grandfather.
2) So need to now how many legal heirs are their of your grandfather's property.
1) did grandther leave any will
2) on grandfather demise your grand mother , your father and his siblings would have equal share in the land
3) if grand father died leaving behind a will land would devolve on beneficiaries mentioned in a will
4) your father has to prove that for purchase of land he contributed funds
On demise of your grand father without will,your father is also co owner now.
In case if your father lost in high court he can file for partition suit in same property if there is no will by your father.
If it is proved that the funds used in the said property is from known sources of your dad them court may pass a decree in your favour. Then you don't have to vacate the same. They will lose their rights in that house
In absence of any testamentary disposition the property land will pass through succession to the legal heirs of your grandfather. If there is no other legal heir other than your father then there will no further claim to the property. your father will be the full owner of the property. If other legal heirs / coparcener to the property exist they all will have lawful claim/share to the property land including the building constructed thereon.
1. Without seeing the contents of the plaint and written statement and evidences led by the respective parties , the merit of the case .
2. Apparently your grand father will get back his land but the cost of the house is to be reimbursed by your grand father.
3. You have rightly preferred the appeal and hence pursue it vigorously.
You will have to share the entire set of documents alongwith the lower court order for a concrete advise
Prima facie I do not think you have a very strong case
See if the father demised without making a will then in that case you father is also share holder of.said flat as legal heirs so in that case she cannot be asked to vacate the premises. Though the other legal heirs can seek share.
Dear Sir,
If grandfather dies, his legal heirs are entitled to share equally. Your father will get one equal share along with other siblings if any, if case is lost before appellate authority otherwise your father will get entire property.
Dear client ,
Now who will ask to vacate the house. Hope your father is only child. Now after his death, appeal is liable to withdrawn as your father is only legal heir/representative of grand father. So how can he can fight appeal against himself.
Now as per intestate succession, your father is absolute owner.
1. The land was owned by your grandfather. It appears that he had filed a suit for recovery of possession against your father and brother, which has been decreed in his favour. It was bound to be decreed in his favour as your father and brother did not become the owners of land by constructing a house thereon. The utmost which your father and brother could do, and perhaps still can do, is file a suit for recovery against your grandfather to recover the expenses incurred on the construction of house.
2. You say your father has filed an appeal against the decree of the trial court. Most likely, the appeal will be dismissed. It is not clear from your query whether your grandfather had already filed the execution petition to execute the decree of trial court. If he has not filed it yet or if execution proceedings have been stayed by the appellate court then decree can be executed after the dismissal of appeal, meaning thereby your father and brother along will be evicted by the bailiff of court with police assistance.
1. IF GrandFather has expired and IF your Father is the only remaining Legal Heir of GrandFather, and IF there are no other Legal Heirs, THEN the case, by legal default, becomes legally infructuous and Father will be the sole legal heir and occupant of ALL the property of Grandfather.
2. It seems that your fathers case was not represented properly in court with the relevant documentary evidence of his payment /contribution of funds for the Land and for the House. IF there are no other legal heirs of Grandfather, THEN file declaration suit for the entire property.
3. IF there are other legal heirs of GrandFather, THEN contest it properly with documentary evidences & witnesses and you will get a favourable order.
Keep Smiling .... Hemant Agarwal
Since your father has approached high court, you may have to wait for the outcome of the appeal before high court.
As a matter of fact since the property was registered on your grandfather's name, it becomes his own and absolute property hence your father's claim may not be sustainable.
However upon the intestate death of your grandfather, the property shall devolve equally on all his legal heirs which includes your father also.
On that basis your father can offer to purchase other's share in the house property so that he need not vacate the house property.
Discuss with your people on the subject matter and come to a conclusion
