Manisha 01 September 2016

Property dispute

Hi , i would like some information on my house . the house was originally brought by my grandfather , after he died it was transferred to my grandmonther and after her death it was transferred to my father around 15 yrs ago . my father has an elder brother who now has come to claim the house . my father has been living in that house for 30 yrs and all the bills/maintaince is under his name. i want to check if his brother losses his share after so many years of not staying /claiming anything in the property . thanks

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3 Replies

rajagopalan 01 September 2016

The property is your grandfather he is transfered the above land and building to your grandmother then she transfered it to your father it is not legal . Mothers property has equal right to his daughters or son . it has no time or year limit. So your fathers brother have right in the property.

ADVOCATE NITIN KAPOOR (Advocate) 01 September 2016

Hello Manisha,

First of all get the information how the said property was transferred in the name of your Father? Was it a SALE DEED? If it was transferred by Sale Deed then, the elder brother of your father will have no share in the said property. Even in case of WILL your father's right will prevail.

P.S.- Also, get the information how the said property was transferred in the name of your grandmother.?

Regards,

Advocate Nitin Kapoor

Mob: 8800692624.

Kumar Doab (FIN) 01 September 2016

It is believed that all of you are Hindu and that house was bought by your grandfather from self earned funds and hence it was Self Acquired property.

Succession opens on date of death.Look into the rules accrodingly.

>>> In case a Hindu male deceases without leaving a valid WILL his estate shall devolve equally upon his ClassI legal heirs i.e. Mother, Wife, Sons and daughters.

Thus the inheritance for the estate (the house ) was to be recorded/registered accordingly.

If mother was dead then whole share could not be registered in the name of wife (your grandmother). You may confirm how and why the house was rgistered in the name of your grandmother, only?

The inherited estate acquires nature of self acquired.

>>> In case a Hindu woman deceases without leaving a valid WILL her estate (self acquired/absoloute) shall devolve equally upon her husband, Sons and daughters.

You may confirm how and why the house was re-registered in the name of your father, only?

Apparently your uncle has a share and share/heritance does not vansih with time.

>>> Payment of house tax/bills of electricity-water-sewarge etc etc does not confer ownership.

You seem to be contemplating 'Adverse Possession'.

It may not be possile.

There are many threads at LCI on similar queries e.g;

https://www.lawyersclubindia.com/experts/Property-law-601596.asp