Succession of property by grandsons/daughters
raghavendra
(Querist) 30 December 2012
This query is : Open
Present senarios of property:
The residential house property was earned by my grandfather tuljaram and the family details of grandfather and his sons and daughters explained in the word file attached herewith for ur reference and my grandfather died long back and at the time of his death my father was 2 years old and my elder brother was major and the property was mutated in his name in Gram Panchayat and till to this date it is in his name only. all the sons and daughters of my grandfather including my father died (who died in aug 2011). now the property is partially in the possession of my elder sister in law(daughter of my father's elder brother (in whose name property was mutated at GP) who was married to son of my father's elder sister and partially in my custody and partially in the possession of brother of my elder sister's husband (daughter of elder brother of my father).
all the taxes, formalities were actually made by my father during his lifetime.
present scenerio of relatives:
actually as per oral agreements and arrangements between my father and brother the whole property was left to my father.
my father allowed to live daughter of his elder brother to stay in the propety by give some part of it on courtesy base when her father died. now it is possessed by her brother in law (brother of her husband)
at the time of death of my father all our elder relatives myself and husband of sister (daughter of brother of my father) discussed about the settlement of property and came to conclude that they will get 60% share and i have to receive 40% share for which i agreed but no document or agreement was made by us. and also decided to sell off the property the get their respective shares in the sales consideration. after august 2011 we have been insisting them to sell off the property and give my share in the consideration.
but till to this date no process was made by him as i stay at bangalore (karnataka state) which is hard me to do being salaried person working with software company, he being residing at the place of property.
now he is behaving rudely and rashly with all the relatives who ask for the same as agreed and go on postponing the same and now they have let out the part of the property which is roadside on rent which fetches around 2 lakhs per annuam which they want to go on enjoying without giving any share to me and without sticking to our oral agreement.
now my question is:
1 whether i have any legal rights in the property which is actually owned by my grandfather and how to claim the property.
2 how to claim the share in the rent of the property which is let out if possible.
3 whether we all the grandsons and granddaughters of my grandfather got right in the property to claim and if i want to claim for whole property or as agreed 40% of the property, whether i have to make party to all while claiming the property.
4 and what step i have to take if my sisters want to relinquish their share in the property whether i can claim their share
5 and whether property divided among all the sons and daughters of my grandfather (who all died) or only between the two sons of grandfather.
