On demise of grandfather your father has one third share in property
2) notice has to be issued to your father for transfer of property in name of uncle
3) valuation would of one third market value of whole house
Inheritance of property to my father
Team, Our ancestral home is in my grandfathers' name but he is no more. My father,uncle and grandmother lives on. My father never stayed there for a prolonged period of time. My uncle who has been living there created a second floor (previously it was single storied)without any legal notice or legal identification to my father. So the questions are: 1) If the house documents are on my grandfathers' name and he is no more, is there way to transfer the property in his name by my uncle without the knowledge of my father or deny my father his rightful part in the property as he never lived there for a long time, never helped in repairing the house and never helped with my grand mothers' health related issues financially? 2) If my uncle agrees to give money to father, should it be valuation of the whole house(say 9Lac/3, my father will end up getting 3lac) or it will be valuation of the ground floor that my grandfather had created ?
Asked 4 years ago in Property Law
Religion: Hindu
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15 Answers
Any transfer will be illegal, on grand father death, property inherited equally in them, 1/3rd share each. Your father owns 1/3rd ownership.
Father can claim 1/3rd of market value.
deny my father his rightful part in the property as he never lived there for a long time, never helped in repairing the house and never helped with my grand mothers' health related issues financially? --NO
1. Father is entitled to 1/3 share of the Grand Father's (GF) "ORIGINAL" property structure, as follows:
a) Grand Mother (GM) = 33.33%
b) Father = 33.33%
c) Uncle = 33.33%
2. Uncle though should have taken Father's & GM's NOC for building extra floor, is not liable to legally give any part of the Second Floor.
3. For amicable settlement & to maintain family values, Father should take 33.33% share /or equivalent money, ONLY on the original property structure of GF. This is more so since any dispute would be a long prolonged battle fraught with excessive usage of Time, Money and straining of relations.
Dear Sir,
It is better to get issue a legal notice,
if your uncle agrees to give money to your father, it will be valuation of ground floor only.
To follow up on the above question: Previously, the electricity bill of the house was in my Late grandfather's' name but now my uncle has transferred the bill to his name. Does that make him sole owner of the house? Also, if the documents of the house are in my grand father's name ,there is no way the ownership can be transferred to my uncle without my fathers' consent or is there any loophole?
Asked 4 years ago
No
Until your father do not execute release deed, sole ownership cannot transfer to uncle. File partition suit.
Transfer of electricity meter in uncle name does not make him sole owner of property
2) your uncle can apply for mutation of property in his name
3) suppress fact that your father is also legal heir to tact ru out mutation of property in his name
1. The father cannot be denied his share , he is rightful legal heir and he can file a suit to seek his share in the property.
2. See partition of complete property can be asked uncle didn't take any NOC before constructing the house.
No mere electric connection doesn't make him owner.
It cannot be transferred to uncle if there is no will.
on demise of your grand father your father can claim
1/3 share in said property.
electricity meter connection in the name of your uncle does not make him owner of property. .
1. Your father is entitled to a legitimate share in the property left behind by yor grandfather who is reported to have died intestate, hence he can very well claim his share in the proeprty, let your uncle come for a compromise in view of the additional structure he has made on the property, if possible an amicable partition can be made or your father can approach court seeking partition and separate possession of his rightful share in the property.
2. The compromise arrangement shall be based on each other's understanding, if both agree for a settlement then the conditions may be drawn accordingly, if not your father is entitled to a share in the property left behind by your grandfather alone.
The electricity bill or the tax paid receipts are not title documents, and this cannot entitle your uncle to claim the title to the entire property.
If at all he is trying to grab the entire property by fraudulent means then your father can file a partition suit and seek his rightful share in it.
1. Find out from the registrar's office in whose name the property still stands.
2. If it still stands in the name of your grandfather then you shall be sure that your Uncle has not made any illegal transfer of te title of the said property without the knowledge of your father.
3. Your father, grandmother and Uncle, being the only legal heirs of the said property, will equally inherit the same.
4. Your father's not taking care of the maintenance of the house or his mother does not restrict him in inheriting his late father's property, who died intestate.
5. Ask yopur father to file a partition suit claiming share of the entire property including the floor constructed by your Uncle since it will also be considered as your grandfather's property.
1. Electricity Bill of a house raised on a person does not signify his ownership of the said house automatically. However, in case the matter goes to the Court, he can claim that he has been maintaining the house including payment of electricity bill for which he has better claim on the said house than others.
2. Title of a immovable property is transferred by registering a deed of conveyance by its current title holders. In the instant case, it is not legally possible to change the name of the title holder of the said house by registering a deed of conveyance without the signature of your father who is one of the legal heirs of the said house owned by your late grandfather who died intestate.
1. No he cannot transfer the property on his name without consent of father through genuine way.
2. The valuation will include the complete construction of house.
3. No just bill transfer cannot make him sole owner of property.
4. He can transfer the property through forged signatures of your father and grandmother.
5. Your father can file partition suit if uncle is not ready to partition the property
