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ANKIT BANSAL (ADVISOR)     21 March 2010

HOW TO DISOWN A SON AND MAKE HIM EVACUATE THE PROPERTY

MY GRANDFATHER HAS TWO SONS.MY FATHER AND MY UNCLE.MY UNCLE HAS A WIFE AND TWO SONS.
WE WANT TO SELL OUR HOUSE THAT IS RAGISTERED ON THE NAME OF MY GRANDFATHER.MY GRANDFATHER IS ON OUR SIDE.WE ARE WILLING TO GIVE MY UNCLE A 3RD SHARE AS ONE SHARE IS FOR MY FATHER 2ND FOR MY GRANDFATHER AND 3RD SHARE IS FOR MY UNCLE.
BUT MY UNCLE WANTS THAT THE PROPERTY BE DIVIDED ON A 50:50 BASIS.
WE DONT WANT THAT AS THERE ARE THREE SHARE HOLDERS IN THE PROPERTY.
CAN MY GRANDFATHER DISOWN MY UNCLE ??IF YES THEN WHATS THE PROCEDURE??
AND AFTER DISOWNING HIM HOW CAN WE MAKE HIM EVACUATE THE PROPERTY???
AND WHAT ARE THE STEPS THAT MY UNCLE CAN TAKE AS A REPLY TO OUR PETITION???



Learning

 2 Replies

Swami Sadashiva Brahmendra Sar (Nil)     22 March 2010

If it is ancestral or joint hindu family property, Your grand father being Karta of the Family, can transfer the property for legal necesities. If uncle has objections, he can file partition suit and get his share partitioned. your uncle can not be completely disowned.

If it is personal property of your grand father, then he can transfer the property without any legal objections. If your grandfather wants  to disown your uncle in his life time then he  can gift or sell  the property in favour of you, your father or any person . If he wants to disown after his life, he can make a will in favour of any person.

Suchitra. S (Advocate)     22 March 2010

As per law, your uncle cannot ask for more than one third of property, if it is ancestral. If it is self earned property of your grand father, then asTripathi sir said, your grand father can alienate the same as he wishes to.


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