Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Joel Martin (Engr)     18 September 2013

Grand children stake in property for christians

A mother who has 2 sons (A & B) and 1 daughter (C), acquires a property land and passes away without making a will. A, B & C construct a house on the plot and live there with their families for a few years together. B & C move away from this house and live in their own houses after some time. Now, presently A and his family have been living in the house for the last 30 years.

Now A, B & C have decided jointly to sell away the property. B&C have coerced A to agree on the matter, as he is their sibling. However the family of A who have been living in the house for the last 30 years do not want the property to be sold off, as they will not have a place to stay in. Also, they believe that even if the house is sold off, B & C will cheat A and not give him his due share. However in the whole scenario, A will not act to retain his or his family's share in the property.

Can the children or wife of A initiate a legal proceeding to stop the sale of this property? What is their share?

Also, since they've been living their for 30 years, is there a law which will prevent their eviction from the property?

A, B & C and their families are Christians from Tamil Nadu.



Learning

 3 Replies

Ravikumar Jora (ACCOUNTS OFFICER)     18 September 2013

A and B C any of grand childrans having 100% wrights to take property rights in equal share if not made any agreement between A B C, Suppose if B C they are not having children , they will lose wrights.

Joel Martin (Engr)     18 September 2013

Thanks for replying, could you please let me know the Section of the law, based on which you have provided your response.

Joel Martin (Engr)     18 September 2013

Also, can the grandchildren claim for the property if their father (the child) is still alive?


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register