Legal Question in Wills and Trusts in India

Property Dispute
My grandmother has filed a case in district court against me.
My grandfather purchased property(Land) and constructed a house and registered the property on his name. After my grandfather's death the degree of the property was transferred in the name of my grandmother by my father and my uncle and aunt stating that they don't have any objection whomsoever the share is being given by their mother and.
Now my father has expired and my grandmother wants to throw me out of the house stating that he is the owner and she doesn't wants to give me share in the property as my behaviour towards her is very rude,but thats not true.
Please advice me do I have the right on that property or not.

Asked on 6/11/09, 9:41 am

4 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: Property Dispute

The property in the hands of your father was "ancestral" in nature. He did not have the power to "abandon" your rights and give his consent for transfer the property in the name of his mother. Therefore, that transfer can still be challenged. You are entitled to be one of the share holders in your father's shae.

Therefore, you cannot be thrown out of the house without proper partition and without giving your share in the property.

Answered on 6/11/09, 10:47 am

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