We are living in our grandfather property, my parents, me and my wife. My parents were planning to out us from the home but due to our grandfather property they cant remove us from home. Even Police came and told us that you are not authorized to send them out. But now we are colobrating with builder and builder is saying us that when he will make buliding this floor which is our share is to be in name of our father and not us (I, myself is grandson). Now i am not authroized to claim. But i just want to ask that after making the floor and this will in the name of my father. will he authorized to throw us out of home. pl. help me
Asked 3 years ago in Property Law from New delhi, Delhi
If it is grandfather's property,you have your share.you can ask for it by partition suit.
Advocate, New Delhi
sir i know but now my parents are selling off with builder and builder will make one floor for us and the floor will be registered in the name of father. if the house will in the name of my father only. how can i claim. and father will eligible to throw us out from home.
Asked 3 years ago
Whether your grand father died intestate(died without leaving a WILL) OR Had he left any WILL. How did your father derived the right of the property. How many children your grand father had. In whose name the title of the property is in the records of govt authorities. If we get answers to these questions from you, then we can give the correct advice.
You have stated that the property is owned by your grand father. How did your grand father acquire the property in question? Did he purchase it from his own sources of income, or he inherited it from his ancestors? If the property in question was purchased by your grand father during his life time from his own income then it qualifies as the self purchased property of your grand after wherein you have no right. If your grand father did not make a will then all his surviving heirs i.e your father and all his siblings have an equal share in the property, in which event you do not have the right to even reside in the property except without the permission of your father.
1) your query is sadly lacking in details . you have not mentioned whether it is self acquired or ancestarl property of your grand father
2) if it is self acquired property and your grand father died without a will your father and his isblings are legal heirs .
3) you have no share in said property .
4) only if it was ancestral property of your grand father can you file suit for partition to claim your share
5) if on redevelopment father gets one floor in the building in his name your father can ask you to vacate the house if he so desires
1. Grandfather's property does not necessarily mean ancestor's property, if it has been self acquired by him,
2. In such case your father and his other siblings including his mother will be te legal heir of your grandfather,
3. So, if the property has been self acquired by your grandfather who died intestate, then you have no right in the said property.