Can I lay legal claim on my home

759 votes

That depends on whether your grandfather is alive or not. If yes, then you cant as the property is in his name and can not be claimed legally as a matter of right. However, if he is not alive, then you can seek your share in the property which will be devolved seeing the possible survivors after your grandfather ans you will be getting the share in the property as per the intestate succession. If mutually agreed, then a partnership deed can be agreed on and constituted and if not , a partition suit will be filed.

Advocate Yuganshu Sharma LawRato

718 votes

Hello, I have perused your query. In the present circumstances - If your grandfather does not create any will or document in regard to the property. Then equal shares will be divided among his class one legal heirs i.e. your father and his sisters(if any), from your fathers share further equal portions will be divided among his children i.e. you and your sisters ( if any)equally. This is called division of undivided estate on the basis of survivorship. (Hindu Law of Succession) However, all of this listed above is only possible if your grandfather dies intestate or without creating any will of the said property leading the property to become ancestral in nature. So you have an option to file for a partition suit in a civil court of law to crystallise shares of everyone, claim it and get their respective possession. But if your grandfather is alive then the said property becomes self acquired and thus you cannot claim anything in it as per the law. For any further information feel free to reach out to us.

Advocate Love Kumar Soni LawRato

649 votes

Yes you can claim if you provide evidence of your possession beyond 12 years uninterrupted and you are not a licency, tenant or a lease holder of the property. Other way also if your grand father is also not serviving and there is no one from your father's brother or sister's side to claim their part on this ancestral property you can get whole of it equally divided among your sisters brothers and mother. It does not matter whether they are married, widowed of single they all only have to survive or in case they are not, their other legal heirs are having right of share out of their dead patent's share.

Advocate Anand Bali LawRato