Claim on property as one of legal heir
Advocate@Law Field
(Querist) 31 March 2016
This query is : Resolved
My Father was residing in Mumbai on Plot of ancestral property including 5 other plots.
After the death of my great grandfather my grandfather's name is entered as died unmarried.But, the facts is he was married n missing for many years. therefore, we dont have his death certificate.
How, Other legal heirs, my cousins have sold out one of the Plot out of six and developer constructed a building.
My father has nothing to show in writing that he was residing on the said Plot. My query is..I want to enter my own name on property card. For this my father's name must be there..which is not on property card.I am in process to get copy of Conveyance Deed under RTI Act.
1. Can I file Civil Suit against cousins, developer, Society?
2. how will I know on which basis my cousins declared that our grandfather died unmarried..?
3. What will be the other remedies?
ROHIT SHARMA
(Expert) 31 March 2016
1. The question that your grandfather went missing and hence his name though incorporated as the legal heir of your great grand father has been shown in the record of rights as having died without getting married can be rebutted if your father can produce his birth certificate and he can file a declaratory civil suit seeking determination of his legal right to be determined as a co-parcerner in such ancestral property of your great grand father.
saquib
(Expert) 01 April 2016
1. You can file suit for Partition and in the said suit you can prove that your Grand Father was married and your father is the legal heir your grand father and that property is your ancestral property.
2. In the said suit for Partition you have to make other cousins and Developers as party with prayer that the Sale deed given by the Cousins is not binding on your Share in the Property.
Rajendra K Goyal
(Expert) 01 April 2016
If you file suit of partition, you also have to prove your share in the property.
Collect all related documents, old entries in records from great grandfather, municipal tax receipts, proof of marriage (if any ) of your grandfather, birth certificate of your father, old ration cards, heir ship certificate etc. and file suit for partition.
