Regarding family property
Kavi
(Querist) 24 August 2013
This query is : Resolved
I am son of a divorced mother. My father is refusing to give me grandfather's property. He is now married with 2 children with another women. Am I entitled to claim 50% of share? How can I proceed legaly?
Thanks.
Dr J C Vashista
(Expert) 24 August 2013
Yes, you can claim and have your share as coparcener, but not 50%.
Contact and seek advise and services of a local lawyer.
Anirudh
(Expert) 24 August 2013
Just because the property was that of your grandfather, you do not automatically become a COPARCENER, nor can you make any claim for any share therein.
FIRST AND FOREMOST, you have to find out whether the property in question was truly Ancestral.
It is only those properties acquired by hindu male prior to 1956 from his father/grandfather/great grandfather etc., would be treated as ANCESTRAL PROPERTY. So if any property has already acquired the status of Ancestral Property before coming into the force of Hindu Succession Act, 1956, then and then only the grand son etc., can stake a claim. Otherwise not. Therefore, you have to come out with complete details about the property, as to who owned the property from time to time.
Guest
(Expert) 24 August 2013
At least during the life time of your father, you cannot claim any share out of the property inherited by him.
Be patient, claim your share only after the death of your father.
Rajendra K Goyal
(Expert) 24 August 2013
Agree with the views of expert Anirudh ji and expert PS Dhingra ji.
Kavi
(Querist) 25 August 2013
Sirs,
Thanks for your kind replies and clarification.
prabhakar singh
(Expert) 25 August 2013
Once you are able to establish that the property was acquired by your grandfather
prior to 1956 and that you were born in the life time of your grandfather who died intestate, then and only then, you can seek your share from your father by a civil lawsuit of partition.
Raj Kumar Makkad
(Expert) 26 August 2013
I do endorse the advice of Anirudh and Dhingra sir.
