What is my right in my grandfathers property if my father is dead
05-Mar-2023 (In Property Law)
I am a Hindu. The property in question is in the name of my Grandfather. My father had one younger brother (Chacha ) and two sisters (bua). After my grandfathers's death both the sisters had signed a relinquishment deed for the property equally in the name of both the brothers. Now my father, my Chacha and one of the sisters is no more. I live with my family on the ground floor and my chacha's family has occupied the 1st and the 2nd floor. All family discussions have failed and my bua's family also indirectly support my chacha;s family. Please advise how can I get equal 50% share of the property between me and my chacha's family.
Firstly you will have to specify if the property was a self acquired property owned by your grandfather. The reason why that is important to know is that the nature of the property (self acquired or ancestral) determines the manner in which the property is shared/devolves upon the legal heirs (i.e. wife, sons, daughters, grandsons etc). Now you mentioned that after the demise of your grandfather, the sisters signed a relinquishment deed in favour of the brothers, which basically means that the property was left to be jointly enjoyed by the surviving brothers. Now ideally in such cases, the property must be shared equally between the brothers. However you have stated that you are presently occupying only the ground floor but your chacha is occupying bot 1st and 2nd Floors. Your remedy is to file for a suit for declaration and mandatory injunction in a civil court. Depending upon the location of the property and the market value of the property, the suit will have to filed filed either before the High Court or the relevant district court.
Typically a suit for declaration and mandatory injunction takes quite a bit of time to be finally decided. However, it is advised that you must move an application seeking interim relief i.e. to protect your occupation and enjoyment of the property till the time suit is decided. However I must add that the final legal strategy will depend upon examination of the relevant documents of this case such as examination of the relinquishment deed, will (if there is any) etc.
In case of any further clarification please feel free to contact me at any time.
Typically a suit for declaration and mandatory injunction takes quite a bit of time to be finally decided. However, it is advised that you must move an application seeking interim relief i.e. to protect your occupation and enjoyment of the property till the time suit is decided. However I must add that the final legal strategy will depend upon examination of the relevant documents of this case such as examination of the relinquishment deed, will (if there is any) etc.
In case of any further clarification please feel free to contact me at any time.
you can file either suit for declaration or suit for partition before the competent court of law on the basis of relinquishment deed, if once your buaji relinquished their right in favour of her brother, there is no question of interference.
As you have said our buas have already relinquished their shares in favour of both the brother , you and yor chacha's family must have equal share .
Even otherwise you have a 50% however to ascertain the same i would require date of death of your father and grandfather and the nature of the property whether it was ancestral or self acquired property of your grandfather . Remedy is to file a suit for partition claiming your 50%
Plz feel free to contact me for detailed advise.
Even otherwise you have a 50% however to ascertain the same i would require date of death of your father and grandfather and the nature of the property whether it was ancestral or self acquired property of your grandfather . Remedy is to file a suit for partition claiming your 50%
Plz feel free to contact me for detailed advise.
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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