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Grandfather died intestate now cousin took over all the property


15-Oct-2023 (In Family Law)
My grandfather died in 1965 and my grandmother in 1970 there was no Will, my father was one of four sons who have all died. My cousin has taken over all the property and land as he lives there. My question is can we claim for 1/4 of the property as heirs of my father.
Answers (3)

Answer #1
972 votes
Yes you can claim for the property as this property is ancestral and your father had the right to claim and now as your father died you can claim over the property under Transfer of Property Act and even will was executed by your grandmother that was null and void you can claim over the property.
Answer #2
824 votes
Yes you can file case for partition and separate possession with delay condonation . need to send legal notice before filing , need to justify the long delay and need certified copies of property right from 1950
Answer #3
530 votes
Whether the property is self acquired or ancestral? If it is ancestral then all legal heirs have equal right over that property. But it is self acquired property then it can be devolve according to wish of owner.

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