ritika sharma 29 March 2019

great grandfather property

My Great Grandfather property in Delhi

Great Grandfather had 4 sons including my grandfather.my grandfather died.
Now all legal heirs of my great grandfather including my father are planning to sell the property.till date NO paper work or partition etc of property has happened.
I am only child of my parents.
So I want to ask can I and my mother also claim share in the property if it is sold or all sale consideration will be received by my father only and I and my mom have no rights.

Can I and my mother take a stay order as in the property cannot be sold out without my permission though my father is ready for selling the property.

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8 Replies

Sayantan Misra 29 March 2019

Unfortunately No. As long as your father is alive, he is the lawful heir, and you or your mother cannot claim a share, let alone stopping the sale.

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Vijay Raj Mahajan (Advocate) 29 March 2019

The property of the great grandfather not partitioned till date has taken the nature of ancestral property where all members of the Hindu family have share as copacenars born in the family, including you. A long list of people of the family who are living all will have share according to their status in the Undivided Hindu family. You mother will not get any share as such but you can seek your share in that when the property is being sold.

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Shashi Dhara 29 March 2019

As property is ancestral property u have birth right so file suit for partition in civil court for Ur share.i think that u have completed 18yrs.

P. Venu (Advocate) 29 March 2019

Yes, the facts stated suggest that the property has acquired the character of being ancestral. If so, you can seek partition of the property and thus, try to establish your right.