Yes, you can get the share of your father in the property.
My uncles sold a joint property which was in my grandfather's name after my father's death. We were not informed. Can I get back the entire property as a grandson or can I get a suitable partition?
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How to proceed, my property is in West bengal
1. Assuming that your grandfather died intestate (without executing a WILL), then his self acquired property would devolve equally to his mother (if alive), wife and children (both son's & daughters).
2. In view of your father's intestate death, his share in the property devolves to your mother and their children.
3. As a grandson, in view of your father's intestate death, you would be entitled to a share, alongwith other legal heirs of your deceased father.
4. Send a legal notice to your uncles , for your individual share in the property. If nothing is forthcoming, then file a case in the jurisdictional Court for partition, declaration and seperate possession of the property by metes and bounds.
File a suit in Civil court for partition of the property and you can also sue your uncle under criminal law.
If your grandfather was reported to have died intestate leaving behind his self acquired or his own and absolute property, then you can file a suit for partition along with other legal heirs of your deceased father to claim his legitimate share out of his deceased father's property with separate possession.
As suggested earlier. you may contact a local lawyer and file a suit for partition along with your mother and other siblings to claim your deceased father's share of property.
You need to file a suit for setting aside the sale, declaration of your title and division of the property at the district court, in consultation with a competent lawyer. You may execute a special PoA in favour of your relative or friend, get it either notarised or attested by the Indian Consulate in the US, and send it to India, for the purpose of filing the suit on your behalf.
When was property sold
when did you come to know of sale
file suit to set aside sale of jointly owned property
also seek partition of the property
Dear client I am sorry to hear that what in this case if the property of your grandfather is an ancestral property than your uncle your father and you have equal right over the property and no one cancel the property without taking consent from the other legal heir. in case if one of them do so the sale date will not be a valid sale deed.
- As per law, after the demise of your grandfather intestate , his property would be devolved upon all his legal heirs equally i.e. your father and his siblings can claim equal share in the property.
- Further, if your uncles have sold the said property without getting your consent , then you being grandson can claim your fathers property legally.
- Further, the said sale transactions can be cancelled by the court
- You can send a legal notice to them and ask for your fathers share in the property , and if refused then file a suit for Partition & Declaration before the court .
Hi. Hope you're doing well.
If your grandfather died without a will, then his property would devolve equally among his first class heirs, as given under the Hindu Succession Act. This means that a notional partition had been effected at the time of your grandfather's death and your father's share would then be considered to be his self acquired property. After your father's death, his share in the property would belong to your father's class one heir and your uncles would have no right over his share. Since your uncles have already sold the property, you can either file a court case and get the sale to be declared void. Or you can ask your uncles to pay you for your father's share of the property.
For any further inquiry or consultation, feel free to contact me.
Regards,
Siddharth Jain