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Ezhil (Administrative officer)     10 February 2012

Right on ancestral (5gen) property

1) What Is the Legal right a Grandson has on ancestral property which is there for more the 5 gen since am the 5th gen?

2) My Grandfather has sold almost 80% of the property without my dad or my concurrence?

3) My dad has 5 siblings 1Bro & 4 sisters all are younger, My Grandmother had passed away when my dad was 16years, my grandfather had married my grandmother’s younger sibling within 10 days from my grandma expired. Till now my dad has spend all his earnings there sibling, now everyone has cheated us. Except my dad everyone had enjoyed the property.

4) My concern is to have at least a ground (place where my grandma lived) in my native place as a Tread mark, am also ready pay but my grandfather is not ready to sell it to me.

5) My Grandfather claiming that since it’s his grandfather property he has every right sell, but we don’t have any right to claim!

 My concern is Do my dad or I have any rights to claim the share/portion? Is it possible to sell the property without concurrence? I too have a suspect on my grandma’s death by hearing, since she passed away due bad health thought I heard that she had a thought time during her last days?



Learning

 8 Replies

adv. rajeev ( rajoo ) (practicing advocate)     11 February 2012

You can claim the share in the share of your father only.

Ezhil (Administrative officer)     11 February 2012

Thanks Rajeev ,

 1)   i can ask my dad to file a partion suit rite?

2)so far the he sold the property and deposited the money in the name of his 2nd wife,and if he sold all the property id there any way recover the property no compensation

sridhar pasumarthy (ADVOCATE)     11 February 2012

Either u or ur father can file a suit for partition.

If joint family property is sold without the concurrence of all the co-parceners(sharers), the sale is not valid to the extent of the other sharers who have not executed the sale deed.

Rakesh kumar (business)     11 February 2012

Dear Sir/Mam

1.What Is the Legal right a Granddaughters has on  property of  grandparents if both grandparents has expired. 

2. What is the legal right of son and daughter on property of parents if both parents has expired

sridhar pasumarthy (ADVOCATE)     11 February 2012

Rakesh,

Your query needs some more information to give correct answer.

What is the nature of property mentioned in ur query?  Is it self-acquired or ancestral?

Rakesh kumar (business)     11 February 2012

The immovable property a house and land.  The said property is  in the name of my father .

sridhar pasumarthy (ADVOCATE)     11 February 2012

You have not answered my question.

Anyhow, answer to your 2nd question is "as per the information provided by you, in the absence of grand mother, son and daughter will have equal rights (each 1/2 share) over the property left by the father."

Rakesh kumar (business)     11 February 2012

Dear Sir,

 

Any right of grand daughters in grand father property . Again immovable prperty acquired by grandfather. 

 

regards


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