Grandparents Not Allowing To Stay In Ancestral House In Village
04-Oct-2023 (In Property Law)
We are staying in Mumbai for since 1999 without taking any help from my gandfather(from Bihar). My father has bought a house in Mumbai by taking loan from bank and for paper work he took 70k from my grand father. Now my grandfather is saying that you will neither get anything from ancestral property nor from my property until and unless you (my father) does not give me share Mumbai house.they are not even allowing us to stay in our ancestors house. How can I get out of this situation without any fight.
Dear client,
In your case, the property is self acquired by your Grandfather he is absolute owner of the property and he can will, gift & transfer the property to anyone. after his death and if there is no any other arrangements or absence of will your right in the property will be arise.
If the property which is self purchased by your grandfather's father then you & your father may claim. The right to such property acquire at birth unlike other laws of inheritance where right arises upon the death of the the owner.
In your case, the property is self acquired by your Grandfather he is absolute owner of the property and he can will, gift & transfer the property to anyone. after his death and if there is no any other arrangements or absence of will your right in the property will be arise.
If the property which is self purchased by your grandfather's father then you & your father may claim. The right to such property acquire at birth unlike other laws of inheritance where right arises upon the death of the the owner.
As per hindu succession act their is a clear provision that a child or grand child has a right in ancestral property . Hence u have very better claim and u can file partition suit before local civil court.
Your father has purchased flat in Mumbai by his own income than only he can decide to whom he wants provide share or not.
Your father has purchased flat in Mumbai by his own income than only he can decide to whom he wants provide share or not.
Is there any written paper to show that your father had taken 70k from his father? If no then how your grandfather can deny you and your family to stay in ancestral house. He has no right to do so. Try to get him understand to these facts.If he will not heed file a criminal case against him.
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