Grandson is liable to claim in family property?

Querist : Anonymous (Querist) 19 April 2020 This query is : Resolved
we have a old family house situated in moradabad district uttar pradesh. AS the property was of my great grand father and after his death its become my grand father's property. my grand father made a bill in which he divided equal part to his both sons, my father and my uncle in which my uncle's portion was made 2 storied but our side was not made.My father by his own expenses of sweat and blood made our side of hour 2 storied well furnished now recently my father passed away and my grand father is planning to change his bill and want to sell whole house and part the value equally to me and my uncle even value of our side of portion is higher than my uncle. i want to ask can i claim to my grandfather for this?

Follow Query

Report Abuse

Rajendra K Goyal (Expert) 19 April 2020
1. It is supposed you are Hindu
2. It seems the word Bill stands for a will.
3. Property belonged to your Great Grandfather, he expired.
4. Now property is of your Grandfather, he is alive.
5. Since Grandfather is alive, he has right to change his will as many time he wish during his life time.
6. At present will cannot be enforced during the life of person who made will.
7. It seems your father constructed 2 story house in half portion, your uncle spent nothing, did not constructed. Please confirm.
8. Your father expired and your Grandfather want to sell this property.
9. As advised your grandfather can change his will / sell the property during his lifetime.
10. Still it is the property of your Grandfather, he can sell it out and can use money as per his wish. You cannot object otherwise.
11. Try to convince your Grandfather regarding the higher value of so called your portion and request to compensate appropriately.

Raj Kumar Makkad (Expert) 19 April 2020
In the given facts, it is also required to be answered by you whether the said property was purchased by your great grand-father or was ancestral for him. Had he purchased it then your grandfather has every right to sale it irrespective of the fact that your father incurred a lot of money in enhancing the value of the property and if the property in the hand of your grand father is ancestral then he cannot sale it and if he sells, you can challenge it before the civil court and can even get the stay order. I presume you are Hindu.

Querist : Anonymous (Querist) 19 April 2020
yes sir i am hindu and property was not purchased by my great grand father is ancestral.

Raj Kumar Makkad (Expert) 19 April 2020
You were required to mention all facts in your post.

Anyway, now you can file a civil suit against your grandfather restraining him to sale the said property being ancestral. and the intended sale is not for any necessity. The will of your grand-father has no legal value during his life time and even by way of will, he cannot frusterate the legal right of your father, since deceased, in the ancestral property. You have replaced your father.

Guest (Expert) 19 April 2020
Your details are not clear. You have not stated in whose name the property is registered or mutated at present and to which generation above you that person belonged in relation with you, if you consider the property as an ancestral property. You may be right, but you may also be wrong in understanding the term ancestral property.

Question arises, if your grand father made a will earlier and is also prepared to make a fresh will now or want to sell the property, he must also be having some proof about the property being belonged to him after the death of your great grandfather.

So, at first make the things clear, if you want proper advice.

Dr J C Vashista (Expert) 20 April 2020
Very well analysed, explained, opined and advised by experts Sh. Rajendra K Goyal, Sh. Raj Kumar Makkad and Sh. PS Dhingra ji, I fully agree and appreciate their acumen.
If your grandfather is alive, he can change his will any number of times.
Your grandfather can bequeath "his" share only wherein your father and uncle are also share holder with their father (your grandfather) and they (or any one of them) may seek your grandfather partition and injunction to restrain him from creating third party interest in the property.
Some relevant information are missing from the facts posted by you, therefore, it is better to consult a local prudent lawyer for professional guidance and necessary proceeding.

Querist : Anonymous (Querist) 20 April 2020
thanks to all for valuable advice

Rajendra K Goyal (Expert) 20 April 2020
You are welcome, may revert in case of any subsequent development.

P. Venu (Expert) 20 April 2020
The facts, as posted, lacks clarity. What do you mean by "bill"? How had your father acquired title to the land?

Rajendra K Goyal (Expert) 20 April 2020
Expert P. Venu sir,

It seems the author has used the word Bill but he wanted to mention Will.

Guest (Expert) 20 April 2020
Wonder, if Mr RKG represented the querist! Mr. P Venu asked for clarification from the author of the query, but instead of waiting clarification from the author, RKG stressed upon his own preumtion, which he had already used in his earlier reply.

Querist : Anonymous (Querist) 21 April 2020
i meant will but due to typing error i typed bill. you all are experts of Law and its language but i am not so its easy to understand for you my mean, thanks to Rajendra K Goyal for clarifying on my behalf. My father technically had never acquire the title of land but because of verbal partition in good faith by grandfather he made his house on his part of land. But after the death of my father my uncle convinced my grand father to sell the whole house and divide the money. My father spend his whole life saving in the house for us but after his death others eating the fruit of our part.

P. Venu (Expert) 21 April 2020
Above posting, I am afraid, further confuses the issues. If there had been a further partition, what is the relevance of Will?

If, indeed, there is a Will in writing, what exactly are the words/terms?

Moreover, how your grandfather became the owner of the property? Was there a partition through a registered. Unless all the relevant information is posted, it is impossible offer any meaningful suggestion.

Rajendra K Goyal (Expert) 21 April 2020
An ancestral property is a property acquired by great great grandfather (Hindu) which has been passed down from generation to generation (great grandfather and grandfather) up to the present generation without being divided or partitioned by your family.

Please show all related documents to find out whether the said property covers the definition of ancestral property in the hands of your grandfather.

If the definition is not satisfied, take the help of relatives, family friends, local effective people to pressurise your Grandfather for your right.

P. Venu (Expert) 21 April 2020
Mr, Rajendra K Goyal - Let the author provide the information as sought. Please resist yourself from making too many a posting,

Guest (Expert) 21 April 2020
An Ethical Person would reply and respond to the Last Post of Expert Mr. P.Venu please

Raj Kumar Makkad (Expert) 21 April 2020
The same question which expert P. Venu has raised, was also put by me and the author has also replied it immediately after my first reply. Kindly see the question and the reply of the author wherein he is confirming that the said property is ancestral in the hands of his grandfather. Once it is established then the right of the father of the author in the coparcenary property cannever be frusterated and if the said property is proposed to be sold, the author has every right to get stay order and even he can get the property partitioned to save the constructed house built by his father over the joint property though orally partitioned.

The contents of the will have nothing to do during the life time of the grandfather of the author.

P. Venu (Expert) 21 April 2020
In my considered opinion, what is required are facts, not opinion from authors. It is quite often the case that the authors, layman as they are, base their opinion on misconceptions. The notions as to ancestral property has, too often, found to be based on wrong understanding.

Raj Kumar Makkad (Expert) 21 April 2020
Who can anticipate that the facts posted by the author are his opinion or facts. We have no such mechanism to go through the documents of the author. We have opine only on the basis of the facts posted by the author. The reply to a particular question given by the author can never be treated as his opinion rather a fact and an expert has to read it carefully and to reply accordingly. If author is wrong in posting the facts, he shall be sufferer. Why should we feel ashamed for that?????

P. Venu (Expert) 21 April 2020
Mr. Makkad - Let be be follow my own light. I am contented to be a lesser expert. Grant me the option to offer useful and meaningful suggestion to those who are really in need.

Guest (Expert) 22 April 2020
Experts presumptions and fight is quite unwarranted, when the author of the query does not intend to intimate to which generation the property belonged or registered.

The author has not so far replied my question, dated 19th April. That itself reveals that either the query may be merely of an academic nature or he is not sure whether his property can be termed as ancestral property or not.

Raj Kumar Makkad (Expert) 22 April 2020
@ P. Venu Sir-With due regard, I humble question is whenever i stopped you or any other person to respond to the query of author? Your viewpoint can also be questioned like mine. Further opining over the viewpoint of any expert on legal ground should never be taken as a personal grudge or insult or an obstackle in giving opinions. I am not the first person to define the opinion of other experts. Everybody (take it 100%) here put his/her viewpoint here after analysing the view of others and this is very good not only for the authors but also for we advocates so that we may learn all aspects of the query.

I again pray you not to take my opinion as against you or your views or based upon any personal grudge.

Rajendra K Goyal (Expert) 22 April 2020
Dear Author,

It is again repeated, family settlement is the best option. You have to convince your grandfather regarding the actual position. in case of need you should take the help of relatives, friends, society effectives.

If the property satisfy the definition of ancestral property in the hands of your grandfather, you have right on the property from birth, your grandfather cannot sell it fully without your consent. Discuss this aspect with local lawyer.

Guest (Expert) 22 April 2020
The expert seemed to be still not contented even after making several replies on a single question! Severally hit and try seems to be his motive instead of showing his real expertise after knowing calling fore full facts from the querist.

Rajendra K Goyal (Expert) 24 April 2020
Fully agree with the post dated 22.04.2020 from senior Expert Raj Kumar Makkad. Such views are sign of good spirit.

Raj Kumar Makkad (Expert) 24 April 2020
Some experts are still indulging the score hunger programme by offering even irrelevant replies having no connection with the query of the author or going to repeat the same replies in the changed words.

Raj Kumar Makkad (Expert) 24 April 2020
Thanks Mr. Goyal for agreeing with my spirit.

Guest (Expert) 25 April 2020
He can be found ever ready to agree with one and all just to add scores to his credit, may any post has any concern or not with the subject matter or may the post have been addressed to someone else, but not requiring his indulgence even by 1%. But additional scores must add to his credit.

Rajendra K Goyal (Expert) 25 April 2020
Expert Raj Kumar Makkad,

You are welcome, nothing was to confront / disagree in your post.

Guest (Expert) 25 April 2020
Makkad ji,
What a fun, earlier, he agreed with you, but for the sake of making another entry to add scores to his credit, he disagreed with you. His score earning desire seemes to be quite unsatiable.