Ancesteral Property right
abc
(Querist) 09 May 2011
This query is : Resolved
My Grandfather had 3 children, 2 of them are no more. I am one of those dead son. Now the only uncle of mine wants to sell our ancesteral property which is in the name of my grandfather. So he is making the pressure on my grandfather to distribute the property & give him the largest portion of it. Actually the house where we are staying has 4 floors. Ground floor where my uncle resides is of highest market value. I resides on the 2nd floor & on the third floor my grandfather himself resides. And that third floor is made my late father 10 years before. At that time he spent a large money on it, so that our grandfather can live their life as per their requirements. And at that time it was decided verbally among the brothers and my grandfather that that 3rd floor will be given to us. But now they are annoying the same. What should I do as my grandfather is going to shift 2 floors on his name.
R.Ramachandran
(Expert) 09 May 2011
First and foremost you have to confirm whether the property is a self-earned property of your grand father or not? If it is not a self-earned property, then where from and how your grand father got the said property.
Please also state whether your grand mother is alive?
What about the children of your other uncle (who has died?).
abc
(Querist) 09 May 2011
This is the ancesteral property, First in the name of mother of my grandfather. And this property was alloted by the Government to her when they came to India as refugee from Pakistan. The Children of my other uncle live on 1st floor of our house(whose market value is obviously better than ours ie. 2nd floor). Our Grandmother is still alive.
R.Ramachandran
(Expert) 09 May 2011
Since it was the property allotted to your grandfather's mother, upon her death, the property might have come to your grand father by way of inheritance. PLEASE NOTE THAT IT IS YOUR GRAND-FATHER'S PERSONAL PROPERTY AND NOT 'ANCESTRAL PROPERTY'.
Since it is his personal property and he is still alive, no one can legally claim any share in the said property. Your grand father can do anything that he likes with the property.
abc
(Querist) 09 May 2011
Is there any option of receiving my father's right in the property & also the amount spent by him 10 years back for his father in the same property.
M/s. Y-not legal services
(Expert) 09 May 2011
Yes.. By proving your father's expenses to your grandpa's building development, you can claim your father's money. One more thing if your father's income was from your joint family's income mean you can't..
M/s. Y-not legal services
(Expert) 09 May 2011
Yes.. By proving your father's expenses to your grandpa's building development, you can claim your father's money. One more thing if your father's income was from your joint family's income mean you can't..
M/s. Y-not legal services
(Expert) 09 May 2011
Dear, ramachandran sir.. That property may be the grandpa's personal property. As a inheritance of grandpa's mother. Even its should not be treated as ancestral property? Because govt allot the property to grandpa's mother. Now she didn't made any will in favour of him.. Then how its can be treated as personal property sir. Please clear me..
