right to ancestral property
pankaj
(Querist) 20 March 2010
This query is : Resolved
My grandfather aqcuired one property. He had four sons and one daughter. One of his sons (my uncle)expired sometime ago. Also his daughter(my aunt) and his husband also expired leaving one son behind. My Grandfather had a lot of attachment to My aunt's son, so he sold a part of the property and gave the money to aunt's son to purchase a seperate flat. My grandfather also didn't leave any will and both my grandfather and grandmother have expired.
Now The three brothers including my father want to sell the remaining part of the property and distribute the share among them.
But my aunt's son is again asking for a share.
Does he has any lawful right to the property.
Please advice.thanks in advance
A V Vishal
(Expert) 20 March 2010
IN ABSENCE OF PROOF OF GIVING SHARE TO YOUR AUNT'S SON , HE CAN CLAIM A SHARE WHICH IS OF HIS LATE MOTHER'S LEGALLY. FURTHER YOU HAVEN'T MENTIONED WHEN THE SAID PERSONS DIED.
Raj Kumar Makkad
(Expert) 20 March 2010
The year of death of your grandpa is most relevant factor to reply accurately to your quarry.
I presume he died after 2005 so all his legal heirs including the son of your Buwa (aunt) is also entitled to inherit equal share of his nanaji along-with your father and other uncles.
Any property sold by your grandpa and delievery of its sale consideration in favour of son of your aunt has no relevance at all because during his life time any elder man can part with his share and can provide its proceeds to anyone of his choice so no law in your favour given the fact your grandfather expired after 2005 and in case before it then he has only a nominal share in the property.
