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Parent not willing to give our share in property


05-Apr-2023 (In Property Law)

Respect Sir, My Grand Father have 3 Sons and i am the elder son of my Grandfather elder son. Actually the matter of concern is regarding property division. We have a home & 2 handloom product shop. My grandfather intention is not well regarding my Father from very starting and seems that he is not willing to give our part in property(immovable + movable). From very stating and till date they are torturing us for every single rupee. My Grand Parents loves their 2nd son & their family the most. What necessary action should we take to overcome situation and also to get our part.

Answers (3)

Answer #1
882 votes
Dear SIr,
the property you had mentioned is self earned by yor grandfather or ancestrol property...
if its self acquired property your grandfather can dispose the property as he wish .....
for any query or help do feel free to contact me
Answer #2
500 votes
Venerated Sir,
As per the question, you have raised question regarding share of movable and immovable property. I would like to inform you that if any property is a ancestral property then all the legal heirs have equal rights in all movable and immovable property as per the Hindu Succession Act and grandfather is bound to release the share of their legal heirs. If your grand father have self acquired property during earned during his lifetime then no legal heirs can bound him to release their shares from earned self acquired property. If the above property is self acquired then we can file partition suit for releasing his shares . If the above property is self acquired property then we have also option to file a title suit for releasing his shares that will be difficult but not impossible...
Answer #3
528 votes
First of all it has to be assertained whether the property in question is the self acquired property of your grandfather or ancestral property which has been acquired by way of succession and inherence if the property is self acquired property of your grandparents then you don't have any claim until your grandfather is alive and if the property is ancestral then you have equal share as of the other cosharers

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