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Rameshchander E (Professional Consultant)     17 September 2014

Grand son's rights over grand father property

Grand father owned house which is self-earned and grand father and mother passed away. My father was enjoying the property by collecting rent from the house/property. My father passed away without leaving a will. My mother is alive. We are four children (all are adult, no minor) to my father. Myself, two elder brother and one elder sister. All of us are married  Before my father die, verbally he has told all my family members about rights in the house/property as follows: Ground floor for me, first floor for my elder brother second floor another elder brother. For sister father  has given a cash to purchase plot and registered in my sister's name. 

The house property have three floors ground floor, first floor and second floor. Ground floor tenant is paying a rent around Rs.10,000 and second floor tenant paying around Rs.3500. All these rents are collected by my mother and my two elder brothers occupied first floor and second floor till now. I am staying out of city due to job location. Currently, I am asking my mother pay some portion of rent as a matter of rights after taking necessary money for her expenses. She is asking me to enjoy the ground floor portion after her life or she will pay some amount once in a year and don't ask any legal link / rights on the property. Kindly clarify what is my rights over this property. Do I have right to collect some portion of rent and what is the ratio of rights over this property. 



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 3 Replies

adv.raghavan (Advocate,9444674980)     18 September 2014

If your father has no siblings, the property devolve upon  his legal heirs. Verbal partition will not hold good in court of law.Any discrepancy in allocation of property and related profits, should be  contested in the court through partition  and mesne  profit suit.

1 Like

Rameshchander E (Professional Consultant)     20 September 2014

sir, first of all thank you for the swift response. the property that i am referring only my father has full rights and not any siblings. This property has been partitioned and front portion of the house registered for my father and back portion of the house registered to his sibling. I think, my mother and his son and daughter has equal rights in the house property.  am I correct sir ?

adv.raghavan (Advocate,9444674980)     20 September 2014

Yes u r.


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