HI, My grandfather passed away without a will in 1984. He had a property for which the nominee was my grandmother. The property then was transferred to my grandmothers name. It was not an ancestral property. Later my grandmother sold that property and bought a flat for herself around 20 years back and she has been living in it ever since. Now after 30 years one of my uncle has entered the house forcibly and is pressurizing my grand mother for his claim on the property.
Legally does he have any right on the property if my grandmother does not wish to give him anything? Can he forcibly live in that house?
Asked in Property Law from Delhi, Delhi
No, there is no law which give him any right.
He can not enter in house without permission of her.
Your grand mothe may file a civil suit for injunction against him before civil court
She may also file a criminal complaint under section 12 of dv.act and claim protection.
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Advocate, New Delhi
1) On grand father demise your grandmother , your uncle and siblings have equal share in property
2) nominee is only trustee fir legal heirs
3) your uncle has share in property and can file suit for partition to claim his share in property
Hi, As the property is already sold by your mother so now your uncle can't do claim share in the property as the transaction taken place more then 30 years.
2. If he want he can file a suit in the Court for his share in the property and he can't force your mother to give share.
3. Your mother can lodge a police Complaint against your uncle if he entered your house unlawfully.
Nomination is not the transfer of ownership rights, rather the same is meant just for preservation and management of the property till it goes in favour of the true owners. The legal heirs of your grandfather are his widow and children who succeed to his property unless he made a will to the contrary. So your uncle can file a suit to challenge the sale as illegal and also for declaration of his right to the property. Your grandmother has no competence to deny him anything over and beyond her own share that accrued to her by virtue of being one of the legal heirs to her husband.
no, he has no right in the property because it is not ancestral. your mother is absolute owner. she has right to alienate it in any legal way.
she can file a case for permanent injunction against him and oust him from the property by order of the court.