Ancestral property dispute
My grandfather along with his 3 brothers had inherited a property post my Great grandfather’s death (No will was Made). My Great Grandfather had purchased this property in Mumbai, after independence during the 1950’s. Therefore I'm assuming my grandfather would be 1 out of the 4 shareholders in the said property.
My Grandfather in turn had three children which include my Father, My Father’s brother and My Father’s sister. Recently, my Grandfather passed away in March 2014. However prior to his death, after coming into words of one of his brother’s, My Grandfather with My Father’s Brother as witness apparently signed some agreement in January 2014, and sold his share to his said brother (My Grandfather’s Brother). Thereby leaving no inheritance for My Father and My Father’s sister.
All this was done without My father’s and My father’s sister’s knowledge.
I currently want to know if My Father and My Father’s sister can challenge this in Court and on what grounds? Also please provide any further information, you may deem necessary.
Asked in Family Law from Mumbai, Maharashtra
when did your great grand father die? what is nature of agreement signed between your grand father and his brother? what happened to the sale proceeds?
My Great grandfather passed away in 1977 and Grandfather expired on 10/3/14.
So far we have no idea regarding the exact agreement details and sale proceeds.
My father had found out about this agreement when he had gone to get his name registered in the property card following my grandfather's death, however he was informed by the officials that his name and his sister's name would not be included since the above mentioned deal was made by my Grandfather in witness of My father's brother.
My father has applied for RTI. Will get copies of it within a day or so, until then we do not have exact details regarding the agreement.
Asked 3 years ago
on your great grand father death his self acquired property would be inherited by your grand father and his 3 brothers . your grand father was entitled to 1/4th share in property . it would not be ancestral property as mentioned by you . it is necessary to go through agreement entered into by your grand father to advice
So my father and his sister cannot claim a share in their fathers 1/4 share
Asked 3 years ago
no they cannot if your father has executed registered sale deed/gift deed/relinquishment deed . document executed by your father has to be seen