Legal Question in Wills and Trusts in India

Re: Ancestral property

All of the legal heirs of your grandfather are entitled to inherit his property equally.

You may consider filing a civil suit for declaration as owner and for possession of your share by way of partition of the property. You should seek an interim injunction seeking appointment of a 'receiver' for the entire property OR deposit of "mesne profits" in the court.

The case may take long to decide finally, but you may get interim relief immediately - within 2 to 3 months.

Re: Ancestral property

you can seek for partition

Re: Ancestral property

you can call for partition of the ancestral property and you, your mother, sister, brother, everyone has an equal share in the property. the law also recognize the right of an unborn child. a will cannot take away your right.

Re: Ancestral property

According to Hindu Law, all have equal share in property. As far as your share in property is concerned, you may file civil suit for declaration and partitioning along-with petition for interim relief. Rights protected in law cannot be denied.

Re: Ancestral property

Dear Gentleman:

Three brothers (including your father) and one sister all are equally entitled to the property of their father, unless your grandfather wrote a will or gift. since you mentioned that there is no will or gift, then your father, his brother or sister, any one, may file a suit for partition, possession and claim damages and share of profit from hospital business and property from uncle who is occupying the hospital. Since you are not in possession of the property, you might have to pay the court fee on the value of the property. Time, it is difficult to pin down. Varies from state to state, court to court.

Re: Ancestral property

Dear Querist,

First of all you, your mother, sister and brother has and equal share in the poperty.

I would suggest you to go for partition of the ancestral property.

Re: Ancestral property

Yes you can. Time cannot be anticipated exactly but minimum 1 to 2 years.