Grandfather's property
Ankur singh
(Querist) 24 November 2009
This query is : Resolved
i m from Uttarakhand .My grand father got a property from his Guruji as guruji made A 'Will' in favor of my G'Father. My father is only child of his parents . Grandparents passed away around 15 yrs back without making any will . Now we r three brothers and one sister of our parents , all married . i am second of all . no one has any child but our oldest brother is blessed with one son (2yrs) and a daughter (6yrs) . The property is still on Guruji's name and my father has The 'Will' (which i mentioned in very first line) . House and Water tax is on my father's name for last 25 yrs and Electric bill on my Grand father's . now my Questions are following
1. Do we (we all siblings) have the right to fight for our share of property in court ?
2. In case Father dies without making any will then what would be the scene. what share my mother, me and my sister will get .
3. Can my father sell this property to anyone he wishes(without seeking any NOC from his childrens and grandson)?
4. Does the 'Will' lose its validity after certain period of time ?( as both the witnesses are dead now )
5. Can the property be transferred to any buyer without getting transferred to father's name ( puropose is to save money in getting it registered ).
6. Wat is a registered will? wat if my father makes a registered will in my favour ?
7. Can my bro's son claim for his share in property ?
8. I m living in different city and bro living in the same house with parents . now parents want them to live seperately . As per law can my parents ask them to live at their own ? or do they have a legal right to live in the house ?
looking for appropriate 'point wise'answer in the soonest manner
adv. rajeev ( rajoo )
(Expert) 24 November 2009
When there is will grand father's name such properties are ancestral properties. you can claim your share, your father, mother, brothers and sisters will get equal share.
If father dies for his share you all will be entittled.
Your father cannot sell the property to any body, because it is ancestral property.
Will will not loose it's validity.
