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Procedure to get the share from grandfather's property.


22-Oct-2023 (In Property Law)
My grandfather is three son. .....he is giving his property two son's.... He is not giving to my father
Answers (4)

Answer #1
618 votes
Only self acquired properties can be given any person, but a person died without will then property converts in parental property and every sons have equal rights, in such case your father can also claim on grandfather property
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Answer #2
835 votes
Answer:
first grandfather has to give reason why he is not giving .
second; if u want of share of property then file a civil suite in court

Answer #3
517 votes
Dear Citizen,
Your father can claim share in the property only if he is a coparcener. It is of utmost significance that the property being divided by your grandfather is ancestral in nature. Your father cannot claim a single penny in the self acquired property of your grandfather.

However, if you have a reason to believe that the property being divided by your father is ancestral in nature, you can apply for partition.

How to go about the process:
1) Firstly issue a legal notice to your grandfather for partition of the property.

2) If he refuses, file suit for partition of property by meets and bound.

3) As per law your father is entitled to equal share in the property.

4) However it would be best is to enter into deed of family settlement / partition so that you don't have to go to court.

Documents Required for proceedings:
a) Copy of title deed of properties which you claim as ancestral properties (Certified if possible).
b) From collectorate you need to acquire description of properties ( area, location with survey numbers, boundaries etc)
c) Valuation done by Sub Registrar of these properties.
d) house documents like current bills, water bills, tax bills and any other documents belongs to ancestral property.

If the property is agricultural in nature, you have get pahanies,
You also need to get e-seva online

Feel free to contact.
Regards,
Answer #4
720 votes
If it is your grandfathers self acquired property, then he can dispose it according to his free will , but if in case it is ancestral property, or property made by money obtained from ancestral property then in that case your father has a legitimate claim to the property and can seek partition of the property. Also if your father and grandfather are part of a HUF then also your father can claim a partition.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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