• 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 2 years ago in Family Law from Mumbai, Maharashtra
Religion: Sikh
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?
Ajay Sethi
Advocate, Mumbai
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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
Ajay Sethi
Advocate, Mumbai
26123 Answers
1420 Consultations
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no they cannot if your father has executed registered sale deed/gift deed/relinquishment deed . document executed by your father has to be seen
Ajay Sethi
Advocate, Mumbai
26123 Answers
1420 Consultations
5.0 on 5.0

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