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What are my rights on my grandmother's property


06-Apr-2023 (In Property Law)

I had made a house on a land which is in the name of my grandmother in 2008 by her consent. She died in 2009 without making any will. After her death my father and his brother acquired the property by making a partition deed on a simple NON JUDICIAL STAMP PAPER of INR 100 by back date when grandmother was alive duly endorsed by the fake thumb impression of their mother and got mutated after her death.My father and my 3 brothers lives in the house made by my deceased grandfather. My uncle has sold his share. What is my and my son's right on my grandmother's property?

Answers (3)

Answer #1
775 votes
Assertaining the right in the property of grandparents wholly depends on the nature by which the property was acquired by them but in this case you allege that partition has fraudulently taken place on the basis of 100rs back dated non judicial stamp paper after the death of your grandmother showing that the same has been affected as when she was alive , nothing to worry about fraudulent documents does no create any right and mutation entries dose not confers title therefore if you want your share then you will have to file a partition suit carving out your share
Answer #2
946 votes
Venerated Sir,
I perusal your query meticulously and found that you have raised question with respect to right in the property of your grandmother. You have already averred supra that said property had been partition in between your father and your uncle and now your uncle has sold his share. In the present scenario you have full right over the property of grandmother as per the then deed of partition happened in between your father and uncle and you can enjoy your shares in the property of grandmother peacefully and amicably without any irruption of anyone as per the law. After selling of some portion of house of your uncle which has been devolves through partition deed then rest of portion of house or any immovable property is yours.
Answer #3
921 votes
dear client.
since the property is in your grandmothers name so you can claim your share by filing partition suit.....
in partition suit all you need to do is file a case claiming your share in the property...

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