Ancestral property

Querist : Anonymous (Querist) 08 June 2010 This query is : Resolved
My Grand Father (paternal) had house in Charni Road and the house was on pagdi system. After my grand fathers death in 1988, he is survived by two sons and one daughter. The house is being used by my uncle (my father’s brother) as his residence till date. The house still stands in my grand father’s name. After my father’s death (in 2005), we have requested for my mother’s name to be mentioned as co-owners in the property. However my uncle is insisting that since he has been sole resident of the property for some years the house should be transferred in his name.
Further, the chawl in which the house is located has been sold by the original owner to a builder who is planning to redevelop the chawl. Request your views on :
1. Is my uncle’s position correct? Since this is ancestral property and my grandfather died in-estate, we feel that my mother should be a co-owner along with my uncle and aunt.
2. If our position is correct, how can we proceed to get our rightful share in the property.

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Ruchi Gupta (Expert) 08 June 2010
u can challenge this sale by filing a petition.

Raj Kumar Makkad (Expert) 08 June 2010
Immediately write a letter to the developer first claiming the equal right of your father with your uncle and thereafter move to the court and seek direction in the name of developer and your uncle to grant equal share with possession after redevelopment at par with your uncle on the basis of ancestral property. The claim of your uncle is incorrect and you are right.

G. ARAVINTHAN (Expert) 09 June 2010
sale is not valid. Send notice to your uncle and the builder. If no proper reply, initiate suit for partition and an application for injunction against alienation of property

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