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Query pertaining to my father’s share in grandfather‘s property


23-Oct-2023 (In Civil Law)
My grandfather has 2 sons. When my father was 12 years old at that time my grandfather will all property to my elder father (elder brother of my father). 30 years later at the time of family separation my father came to know all property were belong to my elder father (elder brother of my father). My grandfather got these property from his father i.e. (my father’s grandfather). Now my question is can we get my father’s share if we go to court for civil suit as it was my great grandfather’s property. Please suggest I need to do. I am belonging to Hindu family.
Answers (4)

Answer #1
740 votes
Yes , your father has equal right and share in the ancestral property as like your grandfather and elder father . Hence WILL of entire property by grandfather is bad in law . For better suggestion please contact with me
Answer #2
947 votes
Go for partion suit in the civil court,in whose jurisdiction the property situated...?...
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Answer #3
775 votes
yes it has valid ground to challenge it b4 court. Ancestral property can not be gratified by one. u shd move to court as soon as possible. there may be a challenge of limitation from opposite party bt u mention from ur date of knowledge was recent date.
Answer #4
964 votes
Dear Sir, Though your father was a minor{12 yrs old} at the time of making the will , your father is a coparcener and he has got 1/3 rd share upon the ancestral property by virtue of his birth as per law.So the entire property can not be willed in the name of your elder father. Your grand father can will to his share only that is 1/3 rd of the property.Now you have go absolute claim over the share of your father.

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