Legal Question in Real Estate Law in India

Respected Sir/ Madam,

My name is Ankit Gupta and working with a media group. I live in a joint family and there are 16 members in our family. It includes my grandfather and his four sons along with their families. We basically belongs to Sonepat (Harayana). My grandfather born in Sonepat but all his sons born in delhi.

1) Starting with the elder son, my elder uncle has no children and living with us with his wife.

2) My father comes 2nd in the hierarchy and have a family of four along with me.

3) Then my younger uncle has a family of 5 , uncle, aunty and 3 daughters.

4) And Most younger uncle has a family of 4, uncle aunty and a gal and a boy.

My grandfather along with his 3 son (Elder uncle, most Younger uncle who has a family of 4 and my Father's family) are living in one house since my childhood, which is around 26 years till now.

My elder Uncle is Dean of Biotechnology in a reputed University and also having a flat in Dwarka , my father is working with Indian Air Force as Assistant Officer & unfortunetly dont have any other property as the income was not sufficient and Most younger uncle is Senior accountant in a private limited firm.

And my 3rd younger uncle is living in Noida having a 3BHK Flat and a Shop in Noida.

Honestly speaking, We dont have any kind of dispute with our grandfather. Now the problem is that our grandfather is completely in the hands of our most younger uncle. He is acting like a puppet of my most younger uncle. Two days back a decision was taken by my grandfather to construct a house and his conscent of renovate the house. The renovation will only be done by my father contribution as we dont have any other arrangement of living elsewhere and no contribution will be made by any of the family member.

Today my grandfather refused to permit us to renovate the house by just provoking by my most younger uncle.

Now my Questions to all you honourable lawyers are :

Ques1: Whether our grandfather can give this house to only one son (Most younger Uncle)?

Ques2: What are the precautionary steps we need to take in advance just to aviod above situation?

Ques3: Please suggest me some step so that we can make ourself safe with the provoking steps of my most younger uncle and aunty as we dont have anyother arrangement and even impossible to manage?


Asked on 11/17/10, 4:30 am

1 Answer from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

in case the property is self acquired by your grandfather, he can bequeath this property to any one he likes, your uncle, you , your father or even a third person or a charitable institution. you cannot stop him from that but in case the property is ancestral i.e. even acquired by your grandfather from his ancestors and not earned by him, you can file a suit for partition of all the properties of joint family.

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Answered on 11/17/10, 9:58 pm


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