Yes as the same is ancestral family property all legal heirs have equal share in the said property. You can execute registered partition deed between all or file partition suit if not ready for amicable settlement
Our share in the absence of vill
We have living in grandfathers owned property. He is no more neither is my granny. We are 4 sisters, mom, dad and uncle, younger to my father. My mom and dad had a fight and its been 5 years they are not on talking terms however we live in the same house. Myself, mother, and the other 2 sisters, we all are working. The last one is still studying. My father works in municipal corporation and has never taken our responsibility. All our expenses from birth were borne by our grandparents till the date they died. My grandfather had 3 properties out of which 2 are sold. The property where we are presently living is the sole property. My uncle around 15 years back took 4 lacs from my grandfather stating that going forward i will have no right on this house. My grandfathers younger brother is a proof to this. The property rates at that time were around 4-5 lacs. Since things between my mom and dad were not good, my grandfather announced that we will be owners of the property post his death. He has written this on a blank paper in the presence of 5 witness. My uncle who has already taken his share, now is demanding the complete house. We have been given to understand that my father and his elder sister has given NOC to him stating that they have no objection in case the house is being sold. Multiple times some buyers have visited our house to check the property. My uncle claims himself to be the only legal heir as he has received the noc. And also the house passport had only his name and grannys name. We are been assaulted day and night. Please advise what do we do in order to gain our share? Do we have any right to claim the share?
Asked 6 years ago in Property Law
Religion: Hindu
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11 Answers
The property belings to the persons who are mentioned in the will. A will can be registered or not. That does not matter. 5 witnesses were present. That is sufficient. Therefore file for probate in the probate court. The property shall be transferred to the persons mentioned in the will.
Regards
your grandfather died intestate
2) on his demise your father , your uncle , aunt would be legal heirs
3)your mother should file Dv case seek injunction restraining sale of property by father and his siblings as it is her matrimonial home
3)
Yes you can claim the property but only if you can prove that the will was written by your grandfather in presence of five witnesses which can be proved by statements of witnesses in court.
You should file the suit to probate the will of your grandfather.
The legal heirs of the grand father will be eligible to claim the properties as class I heirs vide section 8 of Hindu succession act.
Grand sons will be entitled to succeed to the properties only if their father are not alive.
your mother can file petition u/s 125 CRPC and she can claim only maintenance.
See if there is no will then in that case your father and uncle are true owner of property and you do not have any share in the property.
Dear Madam,
File a partition suit in Civil Court and get injunction order that not to sell the house against your uncle.
1. the letter signed by your grandfather in front of 5 witnesses can be considered as his Will
2. if the property where you are living is in Mumbai, then you can get the above Will probated by filing a probate petition in High Court
3. if the Will is proved then the directions contained in it will be given effect to
4. if the Will is not proved, then as per Hindu Succession Act, the property will devolve on the legal heirs of your grandfather who are his widow and children in equal shares
Everything depends on WILL. IF WILL is duly executed and attested by at least witness than ownership will decide acc.to will otherwise, only children of grand parents have equal right in the property.
Dear client,
As per facts, you have to file a suit before Civil Court for the ownership of the property.
You can me call through KAANOON for more details.
This property being your grandfather's property and he is reported to have died intestate, it shall devolve equally on all his legal heirs consisting your father, his siblings.
Since your father has consented for sale of this property along with his sister to your uncle, your uncle may be eligible to legally sell this property.
In that case you may not be able to prevent him to sell the same legally.
However you may file an injunction suit which may provide you temporary relief by staying the sale of the property by an order of court to a certain period but this is not a permanent solution.
