Property rights

Vishakha jain (Querist) 21 December 2017 This query is : Resolved
Hi I am a 27 yrs male and has married a girl outside my caste. It's been 4 yrs ever since I got married and now also have a baby .my grandfather has made a will now and has declared that after his death,the house that we live in will be in the name of my father .my father now wants to throw me out of the house.my younger brother has joined a family business and I am working as an MBA.i can't join a business as I have a proper job.its a two bhk house where in one bedroom is acquired by my parents and I and my wife in the other bedroom. Now my younger brother wants to get married and my parents don't have additional money to buy a house for him a,and my brother does not want to live in a rental house.so they want to throw me out of the house with my wife and little baby.what can I do to prevent being thrown out of the house?can they throw me out of my grandfathers self acquired house just because it's named after my father in a will.?

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Vijay Raj Mahajan (Expert) 22 December 2017
Is grandfather still alive or he's dead and has the house already transferred it mutated in the name of your father in official record's?
The share in the self acquired property of father cannot be claimed by sons during his life time however for ancestral property the sons have copenacery right/share in Hindu family. To clarify the nature of property the details of the property required to be checked.

Guest (Expert) 22 December 2017
Academic query is quite apparent.

The person with the name "VISHAKHA" cannot either be a boy or have wife. So, the question of throwing her out of house along with her wife cannot arise.

Kumar Doab (Expert) 22 December 2017
Is grandfather alive?
Which personal law applies in this case…………e.g; Hindu..?

Vishakha jain (Querist) 22 December 2017
Yes by the grace of god grandfather is alive.

Vishakha jain (Querist) 22 December 2017
We are Hindu

Dr J C Vashista (Expert) 26 December 2017
You can not challenge bequeathing the property firstly by your grandfather in the name of your father and subsequently in the name of your younger brother by your father since both the transactions are for "self-acquired" property in question.

Vishakha jain (Querist) 27 December 2017
After my grandfathers death,aa per the will, my father will be the owner.Ao can he throw me and my daughter out of this house?How can we claim rights in the future?

Vishakha jain (Querist) 27 December 2017
Does it not become a copercenary property as my daughter is the fourth generation?

Property rights

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