Grandfather's property is my birthplace
Hello my name is Sumedh Kumar, I am from Delhi
We are staying in our grandfather's property by birth, due to my love marriage my father doesn’t like me and my family. My grandfather also didn’t like my father therefore he had written a will against my father. Recently high court ordered him to vacant the proper with in moth and my father is ready to vacant without any compensation. I have no other residence, in this case can I file the new case for birth right in grandfather’s property.
Please help me out with this problem we are into trouble...
Asked in Civil Law from New Delhi, Delhi
There is no birth right for you in this property. You may have taken birth in this property or residing in the same place since your birth but you will not have any right over the property if it was the self acquired property of your grandfather. Your grandfather is alive and he has driven away his own son then where is the right for the grandson in the property. Dont be misguided that a grandson will automatically have share in the grandfather's self acquired property.
You will have right as a coparcener in the ancestral property but this is not ancestral property. If you have no other residence and if you are minor, it becomes the duty of your father to maintain you until you attain the age of majority and after that you have o maintain yourself by anyway you may choose.
Hence dont go by anyone's misguidance and lose your hard earned money in the name of claiming your rights, legally you cannot hold a ground this way.
1. Neither you nor your father has any right to reside in the property of your grandfather which he has structured against your father.
2. You would have got a right in the property only if the rights of your father were preserved by his father in the will, but this is clearly not the case.
3. Your father has to obey the High Court order directing him to vacate it within a month. The only other option is to file an appeal in the Supreme Court to seek a stay on the HC order.
1) what are the contents of your grand father will ?
2) has the property been bequeathed to you by your grand father ?
3) has probate been applied for the will ?
4) it is necessary to peruse your grand father will and order passed by HC to advice
1. You have no birth right on any body's property,
2. The property belongs to your grandfather and he has the right to evict your father and/or you,
3. Settle the dispute with your grandfather amicably to ensure that he gives a share of his property to you through Will.