Grandson rights on ancestral property
Querist :
Anonymous
(Querist) 01 November 2011
This query is : Resolved
Dear Sir/Madam,
My great grandmother purchased an property in 1949 and transfered it to my grandfathers name on his birthday and died. And later my grandfather died intestate [Died without a legal will or doing partitioning], my grandfather had 3 sons and 4 daughters. And after my grandfather died in 1970 approx. Then this property came to my grandmothers incharge but after my grandfather death all the legal heirs [sons & daughters] stood in court and made an afidavit stating that as our father died leaving this property know our mother [my grandmother] will the caretaker of this property for the enojyment of the family, this afidavit was made after the death of my gradfather may be in 1977 approx. And later all sons and daughters got married before 1990.
Now im elder son of my father who is second son of my grandfather. Im living in this property from 2001 till now.
In 2005 all my grandfathers sons and grandmother jointly sold half of the property and shared among sons and gave some traditional amount for daughters. And my father got nearly 6lacs but he gave me just 20 thousand as my share and also because they took signature from me for selling the half of the property.
After that i got wild because of unjustified share given to me, i filed an suit against them asking right share in sold property and remaining property as being grandson of my grandfather.
this case has been started in 2005 and running till now and now its in mediation stage. My lawyer clearly says you will get 1/3 of the our father share as my younger brother is also there, nothing to worry. But some of known persons says i will not get anything in this property.
Sir i want to know my rights and will i get right share in this property and do my case in court hall will win as per justice, kindly guide.
Thanks for reading my story
adv. rajeev ( rajoo )
(Expert) 01 November 2011
You will get the share in the share of your father who has got share in the ancestral property
sanjeev murthy desai
(Expert) 01 November 2011
Subject property is not an ancestral one. Hence you don't have any rights in grandfather absolute property. During life the time of your father, son ll get nothing in the eyes of law.
prabhakar singh
(Expert) 01 November 2011
Look!i find that as this property ,though purchased by your great grand father but was
transferred by him just in his life time in name of your grand father hence after that transfer your grand father become exclusive owner of the property as he did not inherited it from his father rather he acquired it from his father.
So being the case,when your grand father died intestate[with out any will] leaving his this self acquired[not ancestral] property and heirs as his widow [your grand mother]and his sons and daughters as
his class I heirs so these all as per law
inherited this property equally and simultaneously ,no matter your grand mother became care taker by arrangement told by you.
So being the legal position none of you as grand sons of your grand father inherited this property to form it as a coparcenary
along with your respective fathers,and such
none of grand sons of your grand fathers have any kind of share in the property so left by your grand father.
SO OBVIOUSLY YOU HAVE NO SHARE IN THE PROPERTY TO CLAIM AGAINST YOUR FATHER
IS THE RIGHT LEGAL OPINION TO BE EXPRESSED
IN YOUR CASE.
Querist :
Anonymous
(Querist) 02 November 2011
Dear Sir,
I heartly thanks for all the above respected lawyers in advising me in right way. I once again thanks all.
Rajeev Kumar
(Expert) 06 November 2011
I agree with prabhakar sir
