Interesting story & require help regarding property dispute.


I, for once, request all my CA, Lawyers and Engineers friend to read this and understand how a single man can destroy family, its impact on the generation and avoid repeating the same. Along with them if you can shed some light on what can I do next, I'll be thankful:

My Grandfather is currently alive.

My Grandfather has 3 sons and 0 daughters.

This is my current family lineage history:

  1. Grandfather: Alive aged around 81 yrs
  2. Grandmother: Suicide - Dead
  3. First Son: Suicide - Dead (I'm his first and only son). My father died when I was about to born. My mom later re-married to another fine gentleman which resulted in lovely step-sister.
  4. Second Son: Suicide - Dead (He has two offspring, both son, healthy & alive, age 25 and 20) along with my Auntie (who didn't get remarried)
  5. Third Son: Alive with his wife and two daughters and currently stays in the US and seldom make a visit to India

My mother got remarried to a fine gentleman when I was around 2 years and we all started living in a different place (Away from my grandfather and blood-dad place).

I was oblivious to the above information. However, with time I got to know all this. However three months back my mom told me all the stories with complete details as my step-dad passed away with heart attack.

I often get to hear that my ancestors are very rich and own acres and acres of land in Jharkhand, along with houses and recently my grandfather made a mall as well.

I, on the other hand, had to face hardship both in terms of money and mental pressure from my childhood to perform.

I graduated with top tier college with my sheer hard work and my mom and step-dad hard savings and I also used to chip with some undergraduate works. However, this is very common in India and I agree many did face this problem as well. So I'll cut the story short here.

Recently, I went to grandfather place. I must say, I got a surprise of my life and how much I'm worth. I was standing on a corner of the plot and I was unable to see the other corner and this is just in one place.

Regarding the property, This is NOT self-made property by my grandfather. He got it inherited from his father (and divided with their brothers and got his share, there are few yet to be divided between grandfathers brothers). However, the mall which got recently build is made with the money by selling off some plot. The land where a mall is built still qualifies in ancestral property. Many other plots are also sold and my cousin brother is buying flats after flats in the top-tier city of UP.

I had a discussion with my grandfather f2f asking where is my father (means my) share. He plainly refused by saying that your mother remarried so I'm not giving anything to you. He has written everything to my 2 cousin brothers. He also refused to give anything to his third son saying that when he went to the US I had given 80lac for his studies, hence he will not get any share.

Let me put up in this way to cut the story short, My Grandfather is an asshole, which resulted in the suicide of three people.

My only ask is that I should at least get the house (which is currently deserted, remember as it resulted in three suicide) where my father hanged himself, where my mother planted seeds in the garden. When I visited, I have seen my mother pointing to trees of mangoes and describing every corner through mobile. My only wish was to inherit the house and if given chance I was ready to leave rest all other properties.

However, this is refused by my grandfather.

Now. I'm not backing off. I will get all the share that is mine. How shall I proceed legally if, I don't have any

  1. No property papers
  2. my father name is currently my step-father name in PAN
  3. No death certificate of my blood father.

However, what I have:

I was able to update aadhar address with the blood-father address.

Support from other rich and powerful relatives who have a presence there.

What are my options and how should I proceed legally? 

 
Reply   
 

First issue legal notice thru advocate for partition if they deny then file suit for partition in competent court of law.
 
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Retired employee.

First be practical and understand the limitations of open forum vis a vis complications in your case.  Contact a local advocate and all the three things are simple in nature for a competent advocate.

 
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LEGAL

SInce your grandfather's peoprty is not his owned but ancestral so your biaological father has due share in that property,it is better you issue them a legal notice for making partition and if they failed to do so file a suit for partition and claim full share as that of your father.

 
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CEO

First you have to prove your lineage that you are the biological son of the son of the old gentleman whom you term as your grandfather. Until this is proved you cannot proceed further. Just updating address in Adhaar card or support from other relatives does not legally help your claim. You had better appoint an advocate in the matter.
 
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Advocate

Your mother's remarriage does not disentitle you. However, everything depends on whether the property is ancestral or the exclusive property of the grandfather. If it is ancestral, you are co-parcener and can demand partition of the property at your discretion.

However, if it is otherwise, the grandfather can dispose his self acquired property at his discretion. Your right is limited to the share in the property left intstate after his lifetime. 

It could also be that yor late grandmother had left some property intestate. If so, such property is jointly vested with you.

 
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