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Relatives claiming a share in grandfathers property what to do.
05-Dec-2023 (In Property Law)
My Maternal Grandfather had a land approx 2 bigah attached to it is a land of approx 200 sq yard which is within the boudry of our land from last 100 years and my Maternal Grandpartents offered my mother to build a house on that 200 yard. Which is not on our name but is in possession from last 100 years. After the death of my Grandpartents the 2 bigah land has been transferred on my Uncles name and my Uncle is also in favour of us getting house constructed on that 200 sq yard plot. I have already started the construction on that plot and now we have some of our distant relatives claiming teh rights on that property. Can i continue with the construction of the house. What are the possibilities of me getting the rights of the property in future and how soon?
After the commencement of Hindu succession Act, 1056, the property of a Hindu male dying intestate devolves upon the legal heirs as per provisions of Act. Firstly it devolves upon class I legal heirs who are sons, daughters, widow and mother. In your case the property was inherited by three daughters and a son getting one share each, considering that your grandmother did not survive by your grandfather. Since two of the legal heirs, including your mother have relinquished their share in favour of their brother he becomes owner of 3/4 of the estate. I may add that the released deed executed by your mother has to be registered as per the Registration Act and without registration it has no value. The position was quite different before the introduction of the HSA.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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