My grandfather, along with his 2 brothers, acquired during his lifetime (in 1973) a prime property (plot of land) in Mumbai for the residence of his family. Due to lack of space in this property for his 4 sons, 2 of his sons (one being my father) moved to rental accommodation (pagdi property) in 1976.
Due to disputes with my father over other trivial issues, my grandfather, as per his will, bequeathed this property to his 3 sons (excluding my father) on his death in 1985. As on today, the share certificate issued by the society has the names of his eldest son and his two brothers. All the 3 sons and 2 uncles reside in this property.
Meanwhile, my father expired in 1993 and the rental property (where me and my mother resided) went in for redevelopment in the year 2006 and subsequently my mother got the redeveloped property on ownership basis. We are presently staying in this property.
In the next few years, the “ancestral” property bought by my grandfather would be sold and apparently the proceeds would be shared amongst my fathers 3 brothers and 2 uncles.
Based on the above facts, my queries are as follows:
- Do I or my mother have a stake in the family owned property? We have not resided in this property since 1976.
- If yes, what should be the legal recourse we need to follow to stake our claim in the property.
- If No, can we challenge my grandfathers will in court on the grounds that personal disputes cannot be a reason for keeping out a rightful heir from his share in the property.
In summary, we feel we have been wronged because the other 3 sons (my uncles) have got ownership property from their father whereas we lived in rental accommodation between 1976 to 2006 and which became ownership only in 2006.
Thanks & Regards
Amit
