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How can a grandson claim his right in his ancestral property
14-May-2023 (In Family Law)
my grand mother has two sons my father and his elder brother my uncle .my grand mother has 5 acres land, my grand mother didn't like his son- my father, she has decided to give total land to her elder son's son ,his name-grand son, I am also grand son , so how can I claim my share, how can I stop registration , how can I register case .Actually my grand mother's 5 acres land was not self acquired by her husband( my grand father) , land taken from my grand mother's mother, so how can I get my share, how can register case?
Hi
Since the property was originally belonging to your grand mother's mother, it is not ancestral property.
Also according to section 14 of Hindu succession act, any property in possession of a woman is her absolute property and she can dispose of the property in any which manner as desired by her.
However you can file a suit of partition under section 16 of CPC the grounds of coercion, undue influence etc on your uncle and grand mother and delay the matter so as to frustrate the other side and make them come to the negotiation table and thereby claim your share.
Since the property was originally belonging to your grand mother's mother, it is not ancestral property.
Also according to section 14 of Hindu succession act, any property in possession of a woman is her absolute property and she can dispose of the property in any which manner as desired by her.
However you can file a suit of partition under section 16 of CPC the grounds of coercion, undue influence etc on your uncle and grand mother and delay the matter so as to frustrate the other side and make them come to the negotiation table and thereby claim your share.
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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Dear Client,
Property in question is ancestral in nature. So you can file a civil suit for partition of property and allotment of one share to your father and through which you can claim your share. When your father is alive he can file a suit for partition. Even if your grand mother registers the entire property it will not convey absolute title and rights over the property to another grand son. You can claim your share at any time.
Property in question is ancestral in nature. So you can file a civil suit for partition of property and allotment of one share to your father and through which you can claim your share. When your father is alive he can file a suit for partition. Even if your grand mother registers the entire property it will not convey absolute title and rights over the property to another grand son. You can claim your share at any time.
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Adv. Sistla Rama Krishna
Vijayawada | 400+ Answers
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