Legal Question in Civil Rights Law in India

Hey I am from India. There is a 5BHK residential house on 315 sq yard plot. My grandfather died in 1991, the house was in his name. He had not made any will, so after his death it�s on my grandmother�s name and still the property is on her name only.

My grandfather has 3 Sons, 3 daughters and I am the only grandson.

Query:

1) How can the property be distributed between every one?

2) Do I have any right in this property?

3) My Uncle says that, I don�t have any right on this property, because he is living there from 14 years and paying the maintenance, water bills etc. and only he has the right on this property?

4) If I have the right on this property, what kind of legal procedure can I take?

5) If my father doesn�t want any right, can I still demand for my right in this property?


Asked on 11/21/12, 8:44 pm

2 Answer from Attorneys
Sanjay Kalra Sanjay Kalra & Associates

If the house was in your Grand Fathers name then how come the house ownership was transferred in your Grand Mothers name ? Please clarify. It is NOT an ANCESTRAL PROPERTY . Let me answer your queries with whatever information you have given :-

1) If the property was in your Grand fathers name then all his legal heirs become 1/7th share holder of his property , believing that your grand fathers mother was/is not alive..

2) No but you get your share through your father who are the son of your grand father.

3) Your uncle is right and wrong simultaneously as you get your share through your father who are the child of your Grand Father.

4) None as of now but can proceed on behalf of your father.

5) No but you can challenge his relinquishment etc in favour of his siblings.

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Answered on 11/21/12, 10:29 pm


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