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VIKAS BHASKAR (Student)     29 February 2012

Stay on grandfather's property

My Grandfather had a property on his name in New Delhi, He had six children, My father being one, Is Dead now.
The property is still on the name of my Grandfather, Who is dead.
Now my Aunt(Bhua) is staying in my grandfather's property for past 10-15years, and is not willing to leave or sell the property so a proper dividend of the sale value can be shared between all of us.

In this case, I am looking for a stay on that House, So that, they cannot sell that property without my presence.

There is no Will or nothing written from my grandfather regarding the share %age of property for their children.
I just have the voter I-card of my Dad, Mentioning his father's name(i.e my Grandfather) and my ID Proofs.

I need to know what are the documents necessary for getting a stay on that property, and After getting the stay, will the case be closed, or will it fall under Civil Case for Sharing the Value of property between the inheritants.
Thanks.



Learning

 1 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     29 February 2012

The best thing to go in for would be a suit for partition, and since the same would take some time being decided, you can ask for an injunction calling upon your relatives to refrain from selling or creating any 3rd party interest in the property. Since it's a ancestral property to you - you have acquired an equal interest alongwith your father in the property at your birth. On your father's death his share vested in you as well.

As regards documents - anything establishing you relationship with your father would be fine. 


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