Share in grandfather's property


My Grandfather got allotment of house after Partition from Government in 1955 per conveyance deed. My Father and my uncle (Chachi Ji) distributed the house further per Partition Deed (Taksimnalma). We are two siblings/brothers. My Father per VERBAL Agreement gave other Plot in his(My Father’s) name to my brother (As his final share in property). Later, he did Will (Vasiyat) in 1988 where he notified that my brother has taken his share in form of that plot and rest should be given to my other son (Myself). Now, my elder brother is deceased and survived by her widow and 3 children. My Father still hasn’t done registry in his name and has conveyance deed in my GrandFather’s name as well as Partition Deed (Taksimnalma) with him. 1. Can my father sell that house 2. Can he get that house registered in my name 3. Do my brother’s widow or children still have share/claim on this house. Please help.
 
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Advocate

As per Hindu Succession Act, your brothers widow and the childrens has all the legitimate rights and share in the ancestral property. since, the property belongs to your grandfather and hence the right devolves to all the legal heirs in the family. They can claim the share which your brother have in the property of your grnadfather atleast.

As far as the property self acquired by your father that cannot be claimed by them unless your father gives the share by way of gift deed, will or famliy settlement deed. Hope your query is answered.

 

Regards

Adv. Rohit m. Dalmia

9324538481

Mumbai

 
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Thanks Sir. My father is still alive. Can he sell out the property without anybody's (Mine or My Bhabhi's) consent. 

Or

Can he transfer that property in my name without my Bhabhi's consent.

P.S - This is per my understanding that 'Ancestoral Property' becomes such property from 3rd generation. Please correct, if wrong. 

 
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