can i or my father suit against grandfathers property till he is alive

my grandfather got a property from his father in 1964 on 2rs stamp paper as a approval letter with signatures but it is not shop and 3 flats are in this property.we purchased one flat on my mothers name.he has 5 children (1 grl 4 son)two flats are gifted to my two uncle.1 uncle was gifted his self earned another was verbelly given to me before 4 years,now he is going to sell my shop.we dont have any other earning source.we are 7 grandson in which 5 r cousins.on what ground i or my father can suit in court against grandfather to save shop to be sold and get a stay.

Answers (3)

295 votes

you can get shop and even challenge the other transfers to our uncles. It is being ancestral property and all the corparceners have right by birth.
You can file a suit for injunction as well as for declaration and partititon.

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287 votes

yes you and your father can file a suit against your grandfather because property came from his father so you and your father have a right in this property and you can get stay from court as temporary relief and you're grandfather can not sale this property and you have right that if your grandfather sale any part in past then that saledeed can be also challenge by you and court can give stay on that property . so their is sufficient cause for file a suit for this property and court will degree that a prat give you and one part for your father.

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179 votes

I may clearify that grandson and son have right in ansetral property right from there birth. They have there share as per succession act . Grandfather can transfer only his share in the ansetral property . This is the law but facts stated are not clear . Needs more details on facts. Son should file suit against his father . In presence of father the grandson can't sue this grandfather.

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