Ancestral property
kumar
(Querist) 09 May 2015
This query is : Resolved
Hi
my grand father brought a house in my home town(not sure if he brought after selling Ancestral property or from his own pocket) with his name, my name and my brother name on sale deed. he brought that property on 1961. As my mother is widow we don't have any other income source from my childhood. she sold all agriculture lands we have and run my family.at that time my grand father think that my mother can sell this house also for money so he kept his name, my brother name and my name on sale deed. we sold some part of the property and used those funds(dowry )my sisters marriage(1980's). she took divorce(after 5 yrs) and left her 4 children with first husband. she never claimed anything till now. we have all current bills, property bills on my and my brother name for past 20 Yrs and we are staying here from past 20 Yrs. now my sister threatening us that she has share on this property and do partition. Not sure how to proceed on this please guide us to get the property back. what and all chances are there that we can stop her getting share on this.
I am retired and staying in the same property. we don't have any other home to stay.
Please help us.
kavksatyanarayana
(Expert) 09 May 2015
@Author, if your grandfather died intestate, then his share in the house will be devolved among his legal heirs including your sister. except that house, if there is any property that will be devolved among all the legal heirs of your grandfather.
Rajendra K Goyal
(Expert) 10 May 2015
More information needed:
1. When your grandfather expired, whether expired intestate?
2. How many legal heirs are there of your Grand father and father?
Your sister can not claim any share in the property / share in your name.
kumar
(Querist) 10 May 2015
@Rajendra K Goyal
1. he expired intestate as sale deed on his name, my name and my brother name he is not bothered to make a will.
2. my grand father has only one son and his son expired before him. no other legal heirs for my grand father.
only my sister and my brother and my self are legal heirs as of now.
Q1. somebody saying if the house brought with funds got from selling ancestral property then even though property's sale deed on my grand father name, my name and my brother name. totally confused. is there no value for sale deed?
Q2. if we loose the case in sub court can we challenge this in high court ?
Kumar Doab
(Expert) 10 May 2015
Repeated query:
http://www.lawyersclubindia.com/experts/Grand-father-property-536551.asp#.VU9sSvB-hkg
T. Kalaiselvan, Advocate
(Expert) 11 May 2015
The query has been repeated more than once earlier too, the author may visit the original thread for more replies.