About possesion act

Dear Kavita,

Before expressing any view in the matter, one has to know (i) whether the property (Flat) in question was self-acquired by your grand father or received from his father etc.

If it is a self-acquired property, then he has every right to dispose of the property in any manner that he wants.  That is, he could have gifted the entire property to any one - nobody else can object to that.  In this case, it is not clear whether he had gifted the property to your Aunt.  Otherwise, all his children including his wife (i.e. your grand mother) have equal share in the said flat by way of inheritence.  (This is on the further condition that he had not left any WILL in favour of any one).  Remaining in possession for the past 35 years or so will not cut any ice in this regard and other heirs i.e. sons and daughters and wife of your grand father can definitely demand an equal share in the property.

In case the property in the hands of your grand father was not a self-acquired property, but an ancestral property then every co-parcener (i.e. the sons and daughters of your grand father will have equal share in the property).  If it is an ancestral property, your grand father could not have gifted or willed that property to any one.

U file a civil suit for this and meet local lawyer.

Thank you for the replying me. The flat owner is my grandfather and it self acquired. My grandfather was died in 1988. After his died my father and uncle are the nominee of that flat. That flat give her just for living not as gift.

Since it is the self-acquired property of your grand father - and since he did not dispose it off either by selling to others, or giving any gift or leaving any will, the property will be inherited by his first class heirs i.e. sons and daughters (i.e. your father, uncle, aunty etc. in equal share).

From the facts revealed by you even your father did not seem to have got his share and did not appear to have disposed it off in any manner.

Since the property is stated to be still in the name of your grand father, your father and uncle can stake a claim for their share in it.