can we stay in our father's grandfather's house?
nikita
(Querist) 17 March 2009
This query is : Resolved
we r living in a house which was intially owned by my father's grandfather.den he left the house in my grandfather's name.my father expired in 1998.den my grandfather died in 2000.we knew he left no will.but suddenly last yr in 2008 my uncle gave us a notice which stated dat my grandfather left the house in his name only.my fathers were 4 brothers n 2 sisters.so is it possible.......4 my uncle 2 throw us out of the house,as now the house is in his name?
A V Vishal
(Expert) 17 March 2009
Dear Nikitha:
Going by the details, please tell us if there is any written document with your uncle to claim that the house is in his name, secondly, your grandfather did not acquire the property out of his own resources viz it is not self generated property of your grandfather, it was passed on to your grandfather by his father. You have absolute claim over your ansectral property. Engage a good Lawyer and send a notice to your uncle claiming your share of property, if he doesn't yield then proceed legally against your uncle for your share in the property
sanjeev murthy desai
(Expert) 17 March 2009
I agree with Mr. A. V. Vishal,
1. What document under your uncle claiming property.
2. specify that the property is self acquired or ancetral of your grand father?
sanjeev desai
adv. rajeev ( rajoo )
(Expert) 17 March 2009
let me know whether the property was self acquired or ancestral property of your grandfather. If it is self acquired and if there is any will or any documents in favour of uncle u will have no rights. If it is ancestral property you will get a share in your father's share. as per the amended hindu succession act u/s 8 you will get the share
PALNITKAR V.V.
(Expert) 17 March 2009
I think Nikita need not proceed. Let her uncle come to court as plaintiff provided uncle is not in possession of the property.Let him prove will if any. If the uncle is in possession then Nikita should go to court and claim partition. Uncle is not going to yield by issuing notice.
Uma parameswaran
(Expert) 17 March 2009
I am supporting Palnitkarji's assertion.
Manish Singh
(Expert) 17 March 2009
Mr. vishal and Mr Palnitkar has given you the right opinion. do follow the same.
the property can not be transferred by your grandfather under a will at any cost since it was an ancestral property in the hands of your grandfather. so even if a will is in existence made by your grandfather, that has no binding force. so just dont worry. let your uncle proceed and see what he can do about it.
n.k.sarin
(Expert) 17 March 2009
I agree with the opinion of Mr. Palnitkar and Mr. Manish sing. It is clear from query that the said property is ancestral one and it can not be transferred by Will.
ritu bhadana
(Expert) 02 April 2009
mr. palnitkar is absolutely right
Hiralal Das
(Expert) 04 April 2009
Thanks all of you. I agree with the opinions of my learned members friend. You may follow them which should the proper ways to solve the problem.
Sachin Bhatia
(Expert) 10 October 2009
The property was self acquired or ancestral property, If it is self acquired and if there is any will or any documents in favour of your uncle then you will have no rights in it. If it is ancestral property you will get a share in your father's share.
RAKHI BUDHIRAJA ADVOCATE
(Expert) 17 March 2009
