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Divakar (Manager)     10 May 2010

Ancestral Property

Dear Sir/Madam,

                             Presently, my father is living along with his family separately from many years. Before, he was staying at his grandfather 's( his mom's father ) house along with his mother & one elder brother in a chawl. This property was initially rented by my grandfather around 50yrs back & then purchased from the real owner. Their was no paper work done or any paper made at that time on my grandfather's name, it was just trust & relationship based deal with some money paid by my grandfather. After his death & some period of time, without any valid reason, my grandmother removed out my father along with his wife & children from the house without any prior notice around 30/32 years back. The same chawl was developed 5 yrs back & my grandmother got the ownership of a new flat on her name, till this time the said property was on my grandfathers name. Now, my grandmother is staying with my uncle & his family in the said property & not ready to give any share to my dad. She did not bought the said property on her own, after her fathers death she is claiming the rights & now its on her name.

I would like to know that 1) can i call the said property " Ancestral Property"?

2) If yes how can my dad will get his share/legal rights in the said property?

Kindly requesting you to advise me on the same.

Thanking you in advance.

Dev

 



Learning

 2 Replies

niranjan (civil practice)     10 May 2010

On the death of your grandfather(maternal) his heirs would be entitled to share and not your father nor your uncle.If on your maternal side if there are no heirs and grand mother is living,she is entitled to dispose of that property as per her will.

Divakar (Manager)     10 May 2010

Dear Sir,

               First, i would like to Thank You for your kind guidance. Also would like to make a note that the said property is not purchased by my grandmother, it is herited by her from her father. In this case its an Ancestral Property & she is just being favourable to her only one son & not aven thinking to give any share to the other son who actualy taken care of her during critical days. Is their any way to come out of this & get the equal shares for the said property.

Thanking YOu

Dev


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