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What are the rights of son in ancestral porperty
27-May-2023 (In Property Law)
I am a Hindu. My grandfather owned a land in Chennai. He expired in 2008 and has three children. One is my mother, the second daughter stays in us and his son ie my maternal uncle went in for joint venture to build multi storeyed apartment while my grandmother was alive. My grandmother expired in 2013. I would like to know if he can enter jv without the consent from other heIRS. The building is built and it is showing to be bank owned on one of the house sale website. My uncle is refusing to talk anything regarding will or jv etc. My mother claims to me that she has not signed anything and she is not worried much about it. I would like to know if his joint venture with builder is legal without the written consultation of other heirs. What are the legal rights of grandchildren on such joint ventures with builders.
Sir,
According to you if your mother has legal right in the said property, very well she can raise her right through court of law, before that notice to be served on the persons who are involved in the so called JV and other transactions etc.
According to you if your mother has legal right in the said property, very well she can raise her right through court of law, before that notice to be served on the persons who are involved in the so called JV and other transactions etc.
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Adv. B. Thirunavukkarasu
Chennai | 100+ Answers
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Hello,
First off you have to clarify whether the property was purchased by your grandfather by his own earnings or whether he got it through inheritance.
If it is through inheritance, you have a right in the property and your uncle cannot enter into a jv without your mother's consent at least.
If your grandfather purchased the property out of his own funds, then he might have written a will which gives the property only to your uncle.
Whether or not such will can be challenged can be determined only after going through the papers. It may be possible to file a partition suit.
First off you have to clarify whether the property was purchased by your grandfather by his own earnings or whether he got it through inheritance.
If it is through inheritance, you have a right in the property and your uncle cannot enter into a jv without your mother's consent at least.
If your grandfather purchased the property out of his own funds, then he might have written a will which gives the property only to your uncle.
Whether or not such will can be challenged can be determined only after going through the papers. It may be possible to file a partition suit.
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