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vaibhav (a)     06 December 2011

Ancestors property

hello

 

My grandfather passed away 20 yrs back without leaving any will. His property includes one house in New Delhi and from the money he had in his bank my grandmother buy another house in Bathinda, Punjab. I have two cousin brothers and one cousin sister, do we have any right on the property left by my late grandfather or the property which was built by money in his bank on the name of my grandmother??Can u tell me procedure for that??

After my grandfather death my father n my uncle began to drink an my grandmother began to spend lavishly, when we raise voice we were rebuked to throw out of the house. In the worst case do our mother have any right over the house legally or at least to live in house??Please advice

Regards                                                                                                                                                                                        vaibhav          



Learning

 12 Replies

ABHIJEET PARIKH (Bcom LLB MBA)     06 December 2011

ur grand father is hindu?
 

vaibhav (a)     06 December 2011

yes sir

Advocate Vishnu (Advocate)     06 December 2011

Dear Vaibhav,

Assure your mother that legally nobody has any right to send her out of the present house.I am assuming this is your paternal grandfather.. now how did your grandfather buy this property( own earnings or has he inherited).

vaibhav (a)     07 December 2011

hello sir

 first of all thanks sir for ur reply

this property way buy by my grandfather's own money

Advocate Vishnu (Advocate)     07 December 2011

vaibhav,

How many children did your grand father have

vaibhav (a)     07 December 2011

three sons sir

dose it matter in this case??

Advocate Vishnu (Advocate)     07 December 2011

Vaibhav,

Since your grandfather did not leave a will, property will be divided amongst his legal heirs( your grand mother, and her three sons).So each is entitled to 1/4 share of your grand father's property.

vaibhav (a)     08 December 2011

i am really grateful u answered sir

but sir do three grandons and daughter-in-law has any right over the property or they can throw ouall of us any time they wish??

Advocate Vishnu (Advocate)     08 December 2011

Vaibhav,

Nobody can throw you out of a dwelling  house. Most importantly your father cannot throw out your mother or his sons,daughter out of the house. Your right in the said house is legally termed possessory right- which you and your mother have earned from living in the house for a long time. 

vaibhav (a)     09 December 2011

I am really grateful to u replied sir,it has really given us ray of hope

but sir in case if they file case against us and some how prove  that we r residing in house from only from few years then can't they throw us out????

If yes,isn't there any way by which we could reside in house without any fear of throwing out one day????and lastly sir, if they file such a case how long we will be having before we are forced out????  

Advocate Vishnu (Advocate)     09 December 2011

Vaibhav,

The law is on your side. The supreme court has given a recent ruling where even a divorced woman cannot be sent out from her matrimonal home. worst case - even if an eviction suit is filed , it may take a couple of years and no judge will give an eviction order against a person's own wife and children

vaibhav (a)     11 December 2011

thanks a lot sir

ur advice will be very useful to us, atleast we will be able to lead a peaceful life, a life without fear just because of ur advice

Thanks Again,God Bless U n UR Family


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