Inherited property rights of a grandson
My Grandfather had a piece of land owned by himself. When he expired there was no will made. He has 2 sons and 2 daughters. After he expired all the property khathas transferred to elder sons name and my father is the 2nd son. At the time of transfer, elder son gave some paltry compensation to my father and 2 other sisters. I was 19 years of age at that time and not signed any of the documents. I was not knowing all these till the property was kept for sale very recently. I wanted to know my rights in the property. Can i claim for the property now? What are the legal procedures for this? Was the transfer for Khathas to elder son valid without my signature even though i was a major at that time? If the property is now sold to someone else will my signature in the sale agreement necessary?
Asked 4 years ago in Property Law from Bangalore, Karnataka
Since it is joint family property you have right over the same hence your signature is required if they refuse to give share you can approach court for legal remedy.
This property was joint family property and not the individual property of your father's elder brother. As a corollary thereto, he could not have sold your share therein. Whether you can lay a legal claim to it now depends on when your grand father died, and the deeds, if any, which were signed by your father in favour of his elder brother.
Above advises are in order and you should also find what was the documentation between your father and his elder brother when he got some amount from his elder brother against this property.
Advocate, New Delhi