• Grand daughter's right in grandfather's property

Hi,
We are two sisters and our father has left the house about 20 yrs back and mother died in a severe road accident. my father have 2 brothers. Our grandfather and uncles are not willing to give anything in property and has made our life hell. I would like to know, do we have any right in property, if yes is it for the house only or for factories, shops as well which Grandfather own??? 
I also have one more question what if our grand father had already divided the property between our two chachas without considering us ? what will be our right if the property is in the name of our grand mother?
Asked 2 years ago in Property Law from New Delhi, Delhi
1) is it self acquired property of grand father or ancestral property . please clarify . 

2) in respect of self acquired property your grand father can dispose it as he pleases . 

3) if your grand father has executed gift deed in favour of his 2 sons they would be absolute owners of the property . once gift deed is made title passes on to the donnee . your grand father does no have any right in said property . 

4)if property is in name of grand mother she can also bequeath property as she pleases .
Ajay Sethi
Advocate, Mumbai
23291 Answers
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1)if it is self acquired property of your grand father then you have no case . 

2) if your grand father had purchased property by registered sale deed details would be available in sub registrar office ,.

3) your grand father is absolute owner of property and he can bequeath it as he so desires .
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
give a legal notice and file a suit for partition,let them prove that its a self acquired property of your grandfather.
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
If the property is the self purchased property of your grand father then you have no right in it. The property may be sold, mortgaged, gifted or willed by your grand father at his sweet will if he is the owner thereof. If your grand father has already divided the property in favour of his two sons then the latter are the absolute owners of the property. The transfer of property by your grand father in favour of his sons cannot legally be questioned by you.


Your rights in the property come in existence only if it is ancestral in nature. If the property is ancestral then you have an equal share therein which you may cull out by filing a case for partition in court. At first you should carry out a title search of the property with the assistance of a lawyer to ascertain whether the property is ancestral. If it emerges that the property is ancestral then you may seek a stay order against the transfer of property by your grand father to his sons, coupled with division of property to separate your share therefrom.
Ashish Davessar
Advocate, Jaipur
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449 Consultations
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it has to be proved that property was bought from sale of ancestral property .
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
Unless and until it is proved that your grand father had purchased the residential property from the sale proceeds of ancestral property the residential property would be deemed to be your grand father's self purchased property, in which event you cannot claim any share therein.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
as i have said give a legal notice and file a suit for partition,let them prove that its a self acquired property of your grandfather.
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
contact a local lawyer . visit kashmiri gate office to find out whether papers are available or not . it makes no sense in antagonising your grand father by demolishing wall erected by him . it would land you into further legal hassles .
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
hire services of an advocate who will help you findings your papers from sub registrar office kashmirigate,

as far as your question is considered:
Someone told me that even if your grandfather had bought the current residential property, he must have sold out some other ancestral house/property somewhere at that time (around 1975) then only he could arrange money to buy the current residence which means property owned after selling some ancestral property will also be considered as ancestral. 

 this statement is right?
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
for court fees calculation check provisions of delhi court fees act . court fees would be on portion of your claim in property . please contact a local lawyer . do not file any suit unless you are clear of the facts . you would waste money on court fees/legal fees
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0

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