Hi I am a NRI girl and I have 2 other sisters, my mother is still alive but my father passed away in 1998, and we have an ancestral house and land in the village that is still on my grandfathers name that has come down the generations, on my dads side of the family. We do not have anything to do with my dads parents or his brother or sisters since my father died, however we visit the house in Punjab nearly every year and stay there.
My question is my grandfather has made up a will to leave everything to my chacha (my dads brother), even though the property is ancestral. What steps can I take to ensure that I get my fathers/ my right? My grandfather is still alive and also lives in the UK with my chacha. My dad has 2 sisters and one brother and his mother is still alive also.
Asked 2 years ago in Property Law from United Kingdom
1) since property has been in your family for generations it would be ancestral property
2) if property is ancestral your grand father cannot bequeath entire property to your chacha by will .
3) obtain certified copy of title deeds .
4) contact a local lawyer in punjab where the property is situated
5) you and your mother can issue legal notice and file suit for partition to claim your share in property .
Since this property is ancestral your grandfather can deprive share of your father.
Hence to lay your claim you can file a suit for partition to you get your respective due share and also for injunction so in the mean time the property may not be transferred to a third party.
1. On what basis do you say the property is ancestral?
2. If it is ancestral then your grandfather could not have a made a will except of the share inherited by him.
3. You can cull out your share by filing for partition in the court. If the court rules in your favour you along with your mother and siblings will get your lawful share in the property.
If you confirm the property to be ancestral in nature, your father has coparcenary rights in it and out of his legitimate share in the property,his sns and daughters have an equal share, i.e., the property as a share in your father's hand will be equally divided among him and his children .Now since your gather has died, his share of property will devolve upon his legal heirs including your mother and his mother too equally You can go in for family partition which should be an amicable settlement otherwise a partition suit may be filed before the civil court seeking partition and separate possession of your share in the said ancestral property.
Your grand father cannot bequeath entire property to your chacha by will if it is an ancestral property. So confirm the property is to be ancestral in nature. After the death of your father, his share in property will devolve upon his legal heirs. In this stage, You can file a case for partition for getting the share .
If the property is not in ancestral nature Your Grandfather can write a will to leave everything as per his wish.