• Property dispute

My grandfather has two sons and the property is registered on my grandmothers name. She died in 1980. My grandfather is living with my uncle at different place as a tenant. Last year my father has expired, when i approached my uncle regarding partition of property he said you do not owe anything and all the property belongs to me only and they neither allow us to meet my grandfather. My grandfather is in the early 90's and he is not able to see clearly. I am afraid that my uncle has registered the property under his name. Kindly suggest what to do.
Asked 2 years ago in Property Law from Gaya, Bihar
1) did your grandmother leave any will ? 

2) if she died intestate ie without a will on her death her property would devolve on your grand father , your father and uncle . 

3) on your father death your father 1/3rd share would devolve on your mother and your siblings 

4) file suit for partition . after issue of legal notice to your uncle / grand father
Ajay Sethi
Advocate, Mumbai
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thanks for your appreciation
Ajay Sethi
Advocate, Mumbai
23397 Answers
1229 Consultations
5.0 on 5.0
How can your uncle register your grandfather's property in his name when you have the original papers with you? You and your brothers and /or sisters along with your mother are recipient of your father's share in the property. Rest do as said by Mr. Sethi.
Rajni Sinha
Advocate, Mumbai
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25 Consultations
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1. If your grand mother died without writing a will then after her death the property owned by her will devolve equally on your grand father and all the children of your grand parents.

2. Since your father has died his share will vest in his widow and children.

3.  Since you have a definite share in the property owned by your grand mother you can cull out your share by filing a case for partition in court. If it emerges that your uncle has sold the property without having the legal authority to do so then the sale can be challenged in court whereupon court may nullify it as illegal. Furthermore, your uncle can be prosecuted and punished for selling the property.
Ashish Davessar
Advocate, Jaipur
18264 Answers
450 Consultations
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no your uncle cannot claim property merely because he is taking care of the same . contact a local lawyer . 

issue legal notice to your uncle claiming your father share in the property .file suit for partition
Ajay Sethi
Advocate, Mumbai
23397 Answers
1229 Consultations
5.0 on 5.0
thanks for your appreciation
Ajay Sethi
Advocate, Mumbai
23397 Answers
1229 Consultations
5.0 on 5.0
Your uncle can claim only his share in the property. He is not the owner of the entire property. Since you have an equal share in the property you should issue a lawyer's notice to him to claim your share therein. If he does not accede to your demand then file a case for partition to cull out your share.
Ashish Davessar
Advocate, Jaipur
18264 Answers
450 Consultations
5.0 on 5.0

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