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senthilkumar B   01 March 2023

Grandson's rights on grandfather's property

I am sure my father didn't sign any documents without informing us. He is not alive. My father's brothers partitioned a house in their names, without giving my father's share to me. They are telling me that my father signed a bond that neither my father nor my mother nor I won't claim any share in the house in the future. Also, they are telling me that the bond is registered but they never showed me the bond. I have a doubt. The property is not my grandfather's own earned property. It is their ancestral property. Even if my father denied the share in the property, can I claim the same in court? 


 8 Replies

Shashi Dhara   01 March 2023

Yes you can claim your share through partition.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     01 March 2023

 when the property is ancestral, that has been possessed by at least four generations, a grand children  can claim their rights.

senthilkumar B   01 March 2023

Sir, my father gave a written statement (that too they are telling it is registered) that my son won't claim any share. At that time I was just 5 years old. Using the written statement they already partitioned the property. Is it still possible to claim my share? How to proceed, sir?

Shashi Dhara   01 March 2023

After you became major within three years you would have filed suit for partition ,your father has no right because  he can do  it for benifit of child ,in this what benifit has made in it you have to see the registered deed .

kavksatyanarayana (subregistrar/supdt.(retired))     01 March 2023

Yes you can claim your share through partition.


senthilkumar B   03 March 2023

I came to know through the internet that "If the ancestral property remains undivided, a father cannot sell his ancestral property without the consent of the successors. If a father with a son has inherited an ancestral property from his father, the grandsons also have a share in the property, and the father cannot sell it without the son agreeing to it." Is it true? So the bond given by my father mentioning that "my son or my wife will never claim the property" becomes invalid? 

Shashi Dhara   03 March 2023

At that time if you are minor father can sell or mortgage it as minor gaurdian of son for his benifit but in this case he has relinquishd  his right on behalf of his minor son which can be questioned in competent court of law ,you can file suit for partition .but you have to file it within three years  after becoming major ,contact advocate .

T. Kalaiselvan, Advocate (Advocate)     06 March 2023

Whether your father had relinquished his rights in the property or not  is not known to you, so let us assume that there was no such deed executed by your deceased father.

Hence you are adivised to file a suit fior parttition along with your mother and other siblings claiming your father's share in your grandfather's property with separate possession.

You first have to ascertain the details of properties left behind by your deceased grandfather and after that you can obtain the certified copies of the property related documents from the concerned registrar office and then discuss with your advocate and file a suit for partition immediately and in the same suit you can also file an application for injunction restraining the defendants from alienating or encurmbering the property in any manner till the disposal of the main suit for partition.  

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