Can I claim share in Grandfather property (Presently in the name of Tau ji)

Querist : Anonymous (Querist) 31 May 2011 This query is : Resolved
Hello,
My father are 3 brother.
We have a petrol pump in the name of my uncle (Tau Ji) . As in old days whatever business started elder son name was there by default. So grandfather name was never there on the paper .
In between another uncle name was added and a % of share was given to him as partition.

Now can I or my father claim our share in this petrol pump ?
If yes then what all things we need to collect and proof ?

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adv. rajeev ( rajoo ) (Expert) 01 June 2011
Your father can claim share but you have to prove that it was started by your grand father from his money

prabhakar singh (Expert) 01 June 2011
one can claim any thing so you can also.But when it comes to opinion my mind looks towards the test that it will protect a right or promote litigation only. I think that when petrol pump agency is in name of your your tau(elder brother of your father)then he will be seen its owner unless the very INCOME OF the business has been assessed as a H.U.F. consistently in past years and you or for that reason your father and other members forms part of that H.U.F.
Otherwise customary honor story can not be prevail.

Guest (Expert) 01 June 2011
First of all you have not stated what is the shareholding position or status of your father in the petrol pump business, while you have stated, "WE HAVE a petrol pump."

Secondly, please note, petrol pump is not a property, but an agency in the name of your tau. The property can be the land used for the petrol pump. So, your father's position in the business can be the deciding factor about your claim, as a grand son, on the property of your grand father.

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