Grandfather's property rights

Querist : Anonymous (Querist) 09 December 2011 This query is : Resolved
Hi,
My father had 2 brothers and 1 sister.All are married and above 50yrs age.one of my fathers 2 brothers deceased. My grandfather had given separate lands to those 2 brothers(they sold long back itself).A land with old house was registered in my fathers name by my granfather(not ancestral. now the son of the deceased uncle is trying to get the share of our land. has he right to do so..? explian chances of it please..?

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prabhakar singh (Expert) 09 December 2011
They do not have any right in the property owned by your grand father registered by him
alone in your fathers name.
1]your grand father had right to do so as it was not ancestral but his own exclusively own property, and

2]secondly there is proof of equity that your grand father also gave property to his others son who have sold those properties.

Hence law as well as equity both are in your favor.

Rajeev Kumar (Expert) 09 December 2011
Agree with Prabhakar sir

Querist : Anonymous (Querist) 09 December 2011
hello sir,
Further i have some queries...
1.can he file against us under any circumstances?
2.also if we are getting into sale of that land. how we get rid of him? procedures?

Devajyoti Barman (Expert) 10 December 2011
1. Filing a case depend on mere sweet will of a person. So they definitely they can file a suit for partition but the moot question is whether it has got any merit.
The answer is emphatic NO.
2. Yes proceed for selling out that property.