LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ram (study)     08 March 2017

Share in grandfather's property

My Late Grandfather purchased a land in his own name. He had three brother. Now a day one of his younger brother by force take some area of that land and build his own house. At this time we have no any document regarding this property so we are not take any action against him, But now I have sale deed which is in the name of my grandfather. Further one of his another younger brother's Grand sons ask me for his shares in this property and he complaint to police for the same what is the remedy for us... Thnks


 3 Replies

jai krishna (Managing Director)     08 March 2017

Mr. Ram as per the Hindu Succession Act, 1956, brothers of your Grandfather are not in the Legal heir set. so there are not entitled for even a portion of the share. First Issue: The brother of your Grandfather constructed a house. Solution: you can send him a legal notice to vacate the illegal occupency immediately and even ask for damages. Then he will come up with a document on what basis he constructed the house if he possess any document. second Issue: Grandson of the Grandfathers Brother asking for share. Solution: It is purely civil in nature and police cant interfere in the matter and more over he is not the legal heir for the said property. so no need to take that serious. The remedy what is told you is suiatable if you are an Hindu.

 

Kumar Doab (FIN)     08 March 2017

It is believed that all are Hindu.

Confirm.

Kumar Doab (FIN)     08 March 2017

From your post it appears that property is self acquired.

ClassI legal heirs of Hindu male are: mother, wife, sons and daughters……………….

And all shall share it equally.

 

In addition to sale deed obtain latest mutation record with all link documents, death certificate, legal heir certificate/affidavit and submit to the authority under whose jurisdictgion preprty falls e.g; Patwaari…………………….for recording inheritance.

Thereafter obtain latest mutation records showing inheritance..

 

The nature of property acquired by inheritance is self acquired and all can use/dispose it as deemed fit.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register