• Denial of inheritence in my deceased father‘s house

My grandfather had build this house in the 1950‘s.He died in 1971. In 2002 it was promoted and the promoter gave 4 out of the 8 constructed flats to my grandmother. One of them was sold. Rest of the three were divided between my father and two aunts. Now the flat ownership was- 1st flat-my grandmother and my father. 2nd flat- grandmother and my unmarried elder aunt. 3rd flat- entirely my younger aunt.  In 2015 my father passed away. Now, my two aunts and grandmother are hatching and plotting to throw me n my wife and daughter out stating that since, my father has died we have no say in 1st flat and it entirely belongs to my grandmother. I state clearly there has been no mutation after death of my father. Also my grandmother had made a will that after death 1st flat will be divided between my mother, me n my only brother. But now we fear she will change the will n deprive me, my brother and my widow mother. I am in dire position, kindly suggest.
Asked 7 months ago in Property Law from Kolkata, West Bengal
Religion: Hindu
1) on grand father demise your father had one fourth share in property 

2) on your father demise you would inherit his share in property along with your mother and siblings 

3) you, your mother and brother can file suit for partition to claim father one fourth share in proeprty 
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
you cannot be forced to vacate the house . .


in the event you receive threats file suit for partition and obtain injunction restraining grand mother , aunts from selling or creating thirds party rights on the property
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
1) your father had one fourth share  in remaining property 

2) your grand father died intestate ie without a will hence suit can be filed for one fourth share 
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
1. The legal heirs your father i,e his widow, mother and children succeeded to his share in the property. None of his heirs can be thrown out of the property. If any one of the heirs apprehends that he will be thrown out of the property then he/she can file a suit for injunction to preempt any such move. 

2. Your grandmother can make a will only to the extent of her own share in the property, not beyond it.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
1. The first flat is in the name of your grandmother and deceased father,

2. After the demise of your father, his 50% share of the flat will be divided  between all his legal heirs being your grandmother, mother and  all your brothers and sisters,

3. So, for that reason, you and your wife can not be thrown out of the flat 50% of which stands in the name of your father.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1. You are legally entitled to stay in the said flat,

2. File a partition suit claiming your share of your father's share of the flat.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1. Your grandmother, your mother, you and your brother (considering that you have no other brother or sister) will get 1/4th share of your father's 50% share of the flat,each,

2.So, all three of you, being your mother, you and your brother shall get 1/8th share of the flat each and your grandmother will own 5/8th share of the flat.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
Now, my two aunts and grandmother are hatching and plotting to throw me n my wife and daughter out stating that since, my father has died we have no say in 1st flat and it entirely belongs to my grandmother. I state clearly there has been no mutation after death of my father. Also my grandmother had made a will that after death 1st flat will be divided between my mother, me n my only brother. But now we fear she will change the will n deprive me, my brother and my widow mother. I am in dire position, kindly suggest.

Since this flat has been registered jointly in your father's name too, upon your father's intestate death, his share of property shall devolve equally on all his legal heirs consisting his wife, children and his mother. 
You and your mother and brother can file a partition suit agaisnt your grandmother seeking division of property and allotting you with your legitimate share in the property and separate possession and can file an application for interim relief to restrain her from alienating the property or creating any encumbrance over it until the disposal of the present suit for partition. 
T Kalaiselvan
Advocate, Vellore
14122 Answers
127 Consultations
5.0 on 5.0
If i donot wish to move out can i take help of law ?since i strongly feel its my fathers last memory and we as natural heir have right to live/get share of sale if any in future.

You do not have to move out of the property till the partition suit is disposed by the court. You can take an injunction on that count too to not to disturb your possession till the disposal of the suit.
T Kalaiselvan
Advocate, Vellore
14122 Answers
127 Consultations
5.0 on 5.0
1/4th of the total remaining property? Or 1/4th of the flat my father has his name as co-owner?

Your father is entitled to half share in the flat which is jointly owned by his mother and himself.
You are entitled to 1/4th share out of his share in the property owing to his intestate death. 
T Kalaiselvan
Advocate, Vellore
14122 Answers
127 Consultations
5.0 on 5.0

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