Property issue

Guest (Querist) 04 March 2022 This query is : Resolved
My grandfather bought the property some100 year back in Jalandhar Punjab, after his death, his four son inherited then property.
We are three brothers.
My father was in Mumbai and I moved to Mumbai in 2000 with him and my mother was living in the Jalandhar house with my other brothers
My father expired in 2004 and mother in 2021, while I was living in Mumbai and Delhi all these years.
Now the property in Jalandhar is on my fathers name. can my brother exclude me from the property as I was not living with my mother and taking care of her.

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Quick Summary

This discussion clarifies inheritance rights for ancestral property in Jalandhar, Punjab. If your parents died intestate (without a will), all legal heirs, including siblings who lived elsewhere, have equal rights to the property. Even if a will exists, ancestral property division follows specific rules, potentially including grandchildren as heirs.

Advocate Bhartesh goyal (Expert) 04 March 2022
Your father and mother died intestate so you all three brothers will get equal rights and share in your father's property.

kavksatyanarayana (Expert) 04 March 2022
Yes. It is presumed that your parents died intestate. Hence all the legal heirs of your parents have equal rights over the property.

Guest (Querist) 05 March 2022
Thx for your quick reply. Really helpful.

Dr J C Vashista (Expert) 06 March 2022
@ Harvinder Singh,
You did not mention whether your parents have executed any will or died intestate.
Very well explained, opined and advised by senior experts Mr. Bhartesh Goyal and Mr. Kavksatyanarayana, I fully agree and appreciate.
Thanks

Guest (Querist) 06 March 2022
my father inherit the property from his father and this is ancestors property. Even there is a will. that will not stand valid in this case. Ancestors property will be divided to grand Children equally.

Dr J C Vashista (Expert) 07 March 2022
You have started facts stating, inter alia, that, "My grandfather bought the property some100 year back in Jalandhar Punjab...." In such a case it will become ancestral to your children, till then it is self-acquired of your grand-father, father as well as yourself.

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