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Discussion > Civil Law > Succession > Ancestral property - succession in case of no will   Unanswered Threads Post New Topic

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There are 3 Replies to this message


[ Scorecard : 26]
Posted On 25 May 2011 at 21:05 Report Abuse

It has beeen 25 years since my grand father died. My father has been staying in my grandfather's house since birth till date. My father's elder brother left the house ~35 years ago and settled in a town nearby.

My grandfather left no will behind. My father's brother is now asking us to vacate the house because the area developed quite well and the real estate values have gone up.

My fathers brother is an extremely rich and powerful person while we have very little means for survival.

 He is now threatening us by saying that he will take over the home in the next 3 months.

My father has been in possession of this house since my grandfather's death. He paid all the property taxes and all had also invested quite some amount in renovating the home.

In this case, what legal rights do we have in defending the claim?  What will our chances be if he decides to appeal in any court of law? should we even fight it out in the court? or should we just surrender?

Any references / guidance will be of great help.


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nidhi sharma

[ Scorecard : 113]
Posted On 26 May 2011 at 12:18 Report Abuse

your fathers elder brother is only entitled to his share in the property. he cant ask u to vacate the house. explain your family structure i.e how many brothers and sisters do your father have.


[ Scorecard : 26]
Posted On 26 May 2011 at 12:29 Report Abuse

My father has 3 siblings, 2 elder sisters and 1 elder brother.

Sisters are against us because we are a middle class family.

nidhi sharma

[ Scorecard : 113]
Posted On 27 May 2011 at 13:10 Report Abuse

Your father are total 4 brother and sister so legally your share in that property is one fourth. 

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