Wants to claim share in grandfather property which was given to uncle

616 votes

you have absolute right on the property, your grand mother has no right to gift the property as this is not her own acquired property. in the ancestral property every grand child has a right of share as they are the co-parceners, thus you can claim the share in the property.

Advocate T. V. Laxmikantham LawRato

884 votes

As per the information provided by your, your grandfather died intestate, without executing any will, so his property shall devolve equally in favour of your grandmother and her sons. So your father's share is 1/3 out of the total property. If your father predeceased your grandfather, children of your father, i.e, you and your siblings will become shareholders of your father's extent. Your grandmother cannot gift the entire property to her younger son. She can gift her share of property only, i.e., her 1/3 share. You are entitled to claim for your 1/3 share in the total property.
you can file a partition suit seeking partition of joint family property which is in possession of your uncle .

Advocate Geeta Varalakshmi Kattamuru Gowra LawRato

837 votes

Hi,
As you said that the property is the name of grandfather and how then your grand mother transfer the property. You can file suit for partition and if there are other legal heir they are also entitled to claim

Advocate Mohammed Abdul Quadeer LawRato