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Disposal of house owned by my grandparents who has three sons.


13-Mar-2023 (In Property Law)
My grandfather had three sons. Elder one was staying in delhi in a house owned by my grandfather. My grandfather expired in 1988 and since then his elder son was staying their with his family. In 2007 my grandmother made a will in which she had written that the house which is in Delhi will be given to all the three sons or rather all the sons will be having equal share in that house. In 2013 my grandmother also expired. And now son of the elder Tau g is claiming that they are staying in that house since 1988 and telling us that we don't have any right to stay in that house. He has turned president of the society also in his favor as he knows him very well. What to do?
Answers (3)

Answer #1
618 votes
Hello I have perused your query. In the present case you have an option of filing for a partition suit on pretext of the will made by your grandmother in a civil court of law. Thereafter you can ask the court for respective possessions as further relief.

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Answer #2
914 votes
I have perused the contents of your query and would advise you to seek a detailed consultancy from a lawyer having expertise. Certain things needs to be clarified and documents needs to be scrutinized before tendering an opinion
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Answer #3
527 votes
See posession by a Coparcenor is deemed to be on behalf of all parcenors in a undivided property. will of your grand mother is having no existence because her husband's property does not belong to her as whole where his sons or sons sons are surviving. However, keeping a property in your possesion without any license or tenancy rights uninterrupted for more than 12 years with the knowledge of its other owners amounts to have right of ownership in default. as Unadverce possession holder.
in your case thrre is a scope, you please contact a good experienced Advocate of civil side to claim your share by suit of declaration and possession.
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