Property distribution
yogita
(Querist) 25 June 2012
This query is : Resolved
my grandfather build bunglow which now is to be distributed among their three son. Now my uncle want that my father should not get equal benefit from the property selling and so he is creating trouble in selling of bunglow. I want to know if there is any law through which we will get equal benefits.
Adv.R.P.Chugh
(Expert) 25 June 2012
Dear Yogita,
Certainly but only if the property is an ancestral one, if the property was self acquired by your grandfather and he is open to the influence of your uncles - then it may spell out trouble for us, as he can oust your father by gift during his lifetime or by a will post his lifetime.
You say that grandfather 'built' the property ? There may be two situations :-
a) Built entirely out of own funds in which case you can be ousted in teh aforesaid manner;
b) BUilt from proceeds of ancestral property or sale thereof(howsover slight) in this case you can seek a stay on teh proeprty and seek a partition even during grandfather's lifetime.
Feel free to talk !
