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How to claim ancestral property
16-Jun-2023 (In Property Law)
Dear Sir , my grand father has purchased a property in name of my grand mother . in 30 year back . now since he has two son one is my father A and other is his another son B. B is expired in 2011 and now i come to know that my grand mother has gifted thisl property to my uncles (B) wife. So , my inheritance right on property is lost or not on this property. how can i claim on this grand mothers name property since it was taken by my grand father and he has not been gifted to my grand mother . it was just bought in her name. property is in U.P.
You can go for partition suit and your grand mother can not gift it to one son. It's ancestral property and you all are having equal rights. As your grand mother can divide in three parts which can be your father uncle and herself and later she can only give her share to your uncle.
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Adv. Vijendra Rai
Mumbai | 100+ Answers
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Hi madam/sir.
You have full rights for claim to grandfather property now your grandfather alive or death
If you urgent mean file partition suit madam
You have full rights for claim to grandfather property now your grandfather alive or death
If you urgent mean file partition suit madam
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Adv. D Parthibhan
Chennai | 400+ Answers
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Firstly, send a legal notice through an advocate to your father's younger brother's family calling upon them to partition the house. That is the first step. For sending a legal notice, an advocate will be made aware of the facts as it exist. For eg:-
a) whether it was your grand father's self acquired property ?
b) whether your grand father left a WILL when he passed away?
c) Legal heir certificate of your grand father
d) Whose name the electricity connection stands ?
e) Whether your father had relinquished orally his share of the property by accepting money from his brother?
f) Whether there exists any other documents for your chitthappa to show that he had acquired title to the property from grand father?
So basically all the real facts must be told to the advocate for him to draft the legal notice efficiently.
a) whether it was your grand father's self acquired property ?
b) whether your grand father left a WILL when he passed away?
c) Legal heir certificate of your grand father
d) Whose name the electricity connection stands ?
e) Whether your father had relinquished orally his share of the property by accepting money from his brother?
f) Whether there exists any other documents for your chitthappa to show that he had acquired title to the property from grand father?
So basically all the real facts must be told to the advocate for him to draft the legal notice efficiently.
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If you have all relevant documents to show your right, you can very well issue a lawyer notice to partition the property as you are not in good terms with other co-owners of the ancestral property. Thereafter file a partition suit for a preliminary decree and subsequently final decree and execution based on final decree. If you need any assistance pls feel free to contact me. Thanks
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Adv. Manoj Raghuram
Madurai | 100+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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