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Ashish (Student)     17 December 2012

Ancestral property issue

My Dad has 3 brothers (and 4 sisters (Total 8) and they have an Ancesteral House in Ghaziabad.

5 out of 8 (2 brothers, widow of another brother and one sister) have sold their share to third party.

One Sister who sold her share gets very less money.

One Sister is Mising (Dunno where she is) and one sister has died (have 2 Childern).

My dad doesnt want to sell off the House but That third party guy living in our house with his family.

My Questions :

1. Can my dad go and throw that thrid party guy out of our house?

2. Can my dad live in that house now? (As we dont own any house.)

3. Can my dad's sister who get less money take any action? 

I  Hope  you will get my question and will give me helpful answer.

 



Learning

 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     17 December 2012

Was their any partition between your father and other family members, if there is partition then your father can initiate /throw out the 3rd person from the house.  ONce partition always partition. Sister cannot now raise the question that she got less money if there is partition deed etc.,

Ashish (Student)     17 December 2012

No There is no partition its a four room house. House is still on name of my grandfather. is there anything my dad could do?

or can my dad make another floor for himself to live? 

Samir Kapadia (Partner)     17 December 2012

My unmarried aunty pass away.. she was shareholders of many companies. She made a will and given entire shares to her nephew's (A) son. Her another brothers nephew (B) can claim share under the Sariya law? She had another two nephew (C&D)  from his step brother. They can also claim?


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