sankar Krishnamoorthy (Owner) 06 December 2013

Grand son claiming grand fathers property

MY GRAND FATHER DIED IN THE YEAR 15-08-1994,LEAVING A HOUSE IN HIS NAME,WITHOUT ANY WILL.NOW IT IS OCCUPIED BY SOME PERSONS WHO ARE NOT LEGALLY RELATED TO HIM.HE LEFT MY MOTHER AND HER SISTER BOTH MARRIED ..MY GRAND MOTHER HAS ALSO DIED. MY GRAND FATHER WAS HAVING 2 DAUGHTERS ONLY NAMELY MY MOTHER AND HER YOUNGER SISTER.MY MOTHERS YOUNGER SISTER IS HAVING 3 DAUGHTERS,ALL OF THEM ARE MARRIED AND SHE IS ALIVE.BUT MY MOTHER WAS EXPIRED 2 YEARS BACK LEAVING ME AS THE ELDEST SON AND MY YOUNGER BROTHER.WE BOTH MARRIED.

SIR,I WANT TO KNOW WHETHER MYSELF AND MY YOUNGER BROTHER ARE ELIGIBLE FOR A SHARE IN MY GRAND FATHERS PROPERTY?

I HAVE GOT THE DEATH CERTIFICATE AND LEGAL HEIR CERTIFICATE OF MY GRAND FATHER,,GRAND MOTHER AND MY MOTHER.

PLEASE HELP ME.

REGARDS,

S.K.SANKAR.

9262081973

THANKING YOU.

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4 Replies

(Guest)

You First apply for Encumberrance Certificate atleast for 25 years and see any encumberrance after your grand father .You have not stated any thing about Original documents where it is.Then you can claim your property along with your mother''s sister after achieving it go for partition of the property.You should file a suit for vacatng the unauthorised occupants.If any thing is there in EC let us know the contents or consult an advocate

adv.raghavan (Advocate,9444674980) 06 December 2013

yes you people are eligible for share in that property. Tell the illegal occupants to leave that place with immediate effect, . IF they refuse to hand over the vacant possession to you file a criminal case with the nearest or jurisdiction police station under section 417,447 &506. of IPC, as the above lawyer stated if u have the concerned property documents with you, apply for partition suit in concerned civil court.

Laxmi Kant Joshi (Advocate ) 06 December 2013

Yes your mother and her younger sister are legal heirs of your grandfathers , in The absence of your mother you two brothers if your father is not alive are legal heirs of your mother , vacate your property by giving legal notice and if they nor vacate then file a police report against the tresspassers.

T. Kalaiselvan, Advocate (Advocate) 07 December 2013

You and your brother are entitled to half share out of the property along with your aunty on other side with another half share i the property. the illegal occupants cant be considered to have grabbed your property illegally and their act attracts appropriate legal action against them, simultaneously ejection suit is maintainable.