To save property

Akash (Querist) 21 March 2014 This query is : Resolved
This is Akash Srivastava. My grand father purchased a house and died in 2002 without any will. this property is transferred to my father and uncle.
My father wants to sell the property without any reason and doesn't want to give any share to me or my mother. can i get claim or share on the property my grand father.
is there any way or law to save this property as he have some bad habits and we dnt have anything except this house where we go? Is there any law? Please help me in this situation and give advice.

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R.V.RAO (Expert) 22 March 2014
your uncle can file a suit to stop the property from being alienated or transferred by your father since your father is not the only owner of entire property as he is a joint holder along with your uncle.

the property (not being ancestral ), but being self acquired by your grand father, who transferred it to his sons,you/your mother have no legal right to claim any part of the property unless your father during his life time gifts or transfers or makes a will for his portion of the property in your or your mother favor.
alternatively if the owner of a property does not leave a will and passes away(intestate),then all his class 1 legal heirs like his wife,sons,daughters ,mother get an equal share each in such intestate property.

prabhakar singh (Expert) 22 March 2014
Agree a dwelling can not be sold without consent of joint owner.
In addition your mother can claim a charge with right to maintenance and residence in the house. DV Act proceedings by mother may also help to some extent.

malipeddi jaggarao (Expert) 22 March 2014
Since it is the joint property in the name of your father and uncle, your father alone cannot sell the house without the consent of your uncle.
Your mother/you are not having any right in the property in the given circumstances.

Rajendra K Goyal (Expert) 22 March 2014
Repeated query:

http://www.lawyersclubindia.com/experts/Grand-son-claim-on-grand-father-property-459861.asp#.Uy0hlIVRx3A