Legal Question in Real Estate Law in India

my grandfather has given all the property to my uncle but my father didn't get any share and we are not having any house to live but we are still living in my grandfather house and he wants to sell that house also without giving any share to my father who is the eldest son . my mother applies for the legal stay nd she get that stay but after some time the stay was cancelled and then she appeals in district court but still no any decision . we are very worried that can we loose our home and we dont have the right to stay in our home as we are living there for the last 40 years.


Asked on 11/01/13, 8:27 pm

1 Answer from Attorneys
Santosh Goswami,Advocate sure shot legal

First of all, if the property granted by your grandfather was ancestral, he could not dispose it off in the manner he likes. Hence, that ca be challenged. Secondly, as far as stay is concerned, immediately seek permission to have an argument on stay. I think you should get it. I have to verify as to why the stay was terminated. The second advantage in your favor is that you have been residing in that property for over 40 years which may give you the advantage of advese possession.

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Answered on 11/03/13, 8:45 pm


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