Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Grand Father Property

(Querist) 11 January 2009 This query is : Resolved 
Sir,

Our grand father had a house and he expired, my father and his 4 sisters are the legal heir for the property. Because of some misunderstanding our father has no contact with my grandfather. And we had not contacted them for the property or any issues. After my father expired we came to know that the property is been handled by the four sisters. And we do know whether they had transfered the property leagally..Since we had not applied a legal heir for the same for our father or for us. We want to know is their any right to get the property back in any means.


Thanks in advance,

Harinath R
Guest (Expert) 11 January 2009
If your grand father has not given the property by will to his four daughters, the property becomes intestate. Your father has also got a right on 1/5th share of the property. As heirs, you all children of your father have the right on this 1/5th share of the property. If this property has been sold / disposed/ transferred to a third party by your aunts without your father's consent, then you can claim your right on this share of the property.
Prabhakar
Karlprabhakar@gmail.com
R.Manivasagan (Expert) 11 January 2009
You did not mention in ur querry that

a)whether the property in the hands of your grand father, is a ancestral property came from his ancesters or

b)it is aself acquired property of your grnad father.

If the property is came from your grandfather's ancester, it is undivided ancestral property in the hands of your grnadfather. in which you are directly having your definit share. you need not worry about the death of your father and your grand father. futher now the Propoerty in the hands of your Aunts are the undivided ancestral properties of you. Your grand father had no right to alieante the property.

Now your father and his 4 Sisters are having their 1/5th equal shares respectively. in whcih you ar ehaving your definite shares.

or

if the property is the Self acquired property of your grand father and

a) If your grand father died intestate, automatically you all are having the definite and proportionate share in the undivide ancestral property.

b) If your grand father made any arrangments such as Will, Gift Settlement or any other transfer sorry, you have no right

please reply with corrct particulars
PALNITKAR V.V. (Expert) 14 January 2009
In any case you are entitled to get your share in the property. If the property is transferred you are entitled to get the sale deeds cancelled or at least get value of your share


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