Legal Question in Real Estate Law in India
My Grandfather had a self acquired house in Delhi, My uncle and his family were living in the house as my father had his job in Punjab. After my grandfathers' death, we continued to live in Punjab and our house was shifted on my grandmother's name. Now my dad has retired and want to go and live in my grandfather's house in Delhi and after sometime my grandmother died and we don't have very good relations with my uncle's family. I want to know two things
1. I and my father are not sure if there was a will or my uncle had my grandmother sign papers for the house to transfer it on his name. How can we know as they my uncle's family are unwilling to share those documents with us and without being sure that the house was not transferred by my grandmother to my uncle's name we don't want to start the legal proceeding.
2.If at all the house was transferred by my grandmother to my uncle's name, what rights do I have as a granddaughter on my grandfathers house?
1 Answer from Attorneys
Your Grand mother can will her property to any one so it means you no right in your grand mothers property but if you feel that your uncle has cheated your grand mother by getting her signature with out hers consent and knowledge then you can challenge the will before the court. At this point you can ask for partition of the property from your uncle as your dad is a legal heir of the property with your uncle ,if your grand mother has died intestate.
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