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how can i get my ancestral Property?
05-Sep-2023 (In Property Law)
My grandfather built a property and passed away. The property was passed to my grandmother. They have 2 kids my dad, his sister. The property has 3 floors. Under my grandmothers will 2 floors are supposed to go to my dad and one to his sister. My dad also got re married recently after my parents separated. Now I would like to know that after my grandmother, can my father sell his two floors and I would get nothing in that case of my ancestral property? Also in case he wills one floor to me what right does his 2nd wife have over the other floor? Could he decide what he does with the floor?
A pre-requisite condition required for a property to be Ancestral property is that it should be owned by the great grand father followed by grand father, father & present generation all in this linear generation living & enjoying the property. The property should not have ever partitioned & share in it distributed to any of the Hindu Coparceners as in any linear generation as mentioned above, in other words, it should be intact single property which is being used jointly by all members of the Hindu Joint family.
Therefore, if your property falls within such ambit then you are entitled for the share in his Grandfather’s property. Hence you can file suit for partition thereby demanding your share in the land and further file an application of injunction thereby seeking order for restraining your father to sell the land.
However if the property of your grandfather was self acquired then you shall have no right on the property unless your father gives the said property to you way or Will or Gift deed. If he does that then the present wife, will have no right on the said property and only have right on second floor only if it is given to her by way of Will or gift deed
Further ,in case if he dies without a WILL, then his present wife and his children including you will have right on both the floor.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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