Procedure for reconstruction of ancestral property without permission.

My grandfather died a few months back without any will, leaving behind my grandmother, Two Sister and two brothers. Me & my uncles family stay in Mumbai. We have small house in our home town, my grandmother is still staying there, as she don't want to come to mumbai, we are rebuilding this house. As this house is very old and some of his part started falling. One of my aunt husband is trying threat us that you cannot build this house without my wife signature & her permission. Also he is threat us that he will send us legal notice to stop the work & separate the house Property & agriculture land. We do not want to separate house & land. My grand mother & other aunt has no problem rebuilding this house. Pls. guide for further action.

Answers (1)

221 votes

Dear Sir,
Once the the person died without any will of ancestral property, then the entire property will be devolve among the hairs of the deceased person as per the law applicable to the family which you belongs. If you belongs to Hindu the property will be divided as per Hindu law and customs same Muslim / Christain and Indian succession Act. Every member of the family has right to ask for partition of his undivided share in the ancestral property.

Adv.Balaji Sagar

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