My grandfather had government sanction site, sanctioned in the year 1963, and he purchased 11 acres of agricultural land after his retirement from the state government service. He had 8 children, among them my father is the eldest, and he is about 65 years old and was Engineer in the State irrigation department and retired from service in the year 2006. Second child die in the year 1966 during his teens and was not married. Third child also died in the year 1979 after her marriage. Fourth child is about 58 years old and married she lives in a metro with her family. Fifth child is about 56 years old he works in a bank and lives in his place of posting. Sixth child is about 54 year old and married she lives in a metro with her family. Seventh child is 50 years old and he live in same city where my father lives, he use to take care of my grandfather’s property and also assists him in agriculture. The last child is absconding from the 1992, when he was doing his graduation and not found till now. Above is the brief details of the family and the property which my grandfather owned, he did have any ancestral property.
All the above mention family members including my grandmother use to stay in a rented house. In the year 1976 his first child my father got a job in the state government and started supporting the family and in the development of the agricultural land which my grandfather was looking after. By the year 1982 my father got married and started to live with his family in same house where all the other members were staying (rented house). By the year 1984 my father thought of building a house by taking a housing loan, where the whole family can stay, since the site was in my grandfather’s name he was not getting the loan and the site was in mortgage with the Co-operative society for loan of Rs. 10000/- which was taken by my grandfather. So my father cleared all the loan of Rs. 10000/- and interest and got the site cleared from the co-operative society. Still the site was in my grandfather’s name, so he transferred it to my father’s name and this was accepted by all his other children, & the legal documents were signed accordingly. Then my father took a loan of Rs. 60000/- and started the construction.
Within a year he had to stop the construction as he went short of funds and he got transferred to a project site, he took his family with him but he continued to support his father in up bring the family and the agricultural land. And the family continued living in the rented house, in the following years my grandfather daughters and the fifth child got married. By the year 1991 my grandfather took a crop loan of Rs. 1, 40,000/- and asked my father to continue the house construction, it was completed by the year 1991-92, and the remaining members of the family started living the this house except my father and his family as he was posted to a project site. In the year 1992 my grandfather’s last child went absconding and not found till now. By the year 1995 Seventh child also got married and started living in the same house with his family, he still use to look after the agricultural land and help my grandfather in maintaining the land. By the year 1998 fifth child who is working in a bank got transferred and moved out with his family.
From the year 1998, my grandfather, grandmother, and his seventh child and his family were staying the house, all the other members of the family started staying with their family as per their needs. If there were any emergencies (family or financial) to my grandfather, his eldest son and the Fifth child who was working in the bank use to take care or help him. All the income generated from the 11 acres of agricultural land was enjoyed only my grandfather, grandmother and his seventh child and his family, and was never shared with his other children.
By the year 2006 my father got retired from his Job and had built another house out of this own income, and he started living there with his family.
On 30/06/2012 my grandfather expired leaving my grandmother. After his death all the ceremonies were completed by his children. By August 2013 his seventh child discloses that a “will” was written by my grandfather in the 2003. As per that will all the agricultural land and the belongings of the house (he states that this is his own house, but he has transferred the ownership legally to this eldest son back in 1984) belong only to his seventh child and his family and on one else is a legal heir to it.
But in the will there is no indication that the ownership of the house will also be transferred to his seventh child and his family, or they continue living there. Above all the ownership of the house was transferred to my father’s name in the year 1984 when he took the housing loan & it was accepted by all the other children by the signing the legal documents, which my father have with him now.
Now when my father asks, his brother (seventh child), he says that he will not vacate the house till he builds his own house, which he may build or his son who is 10 years old may build in future, he even assumes that the Crop Loan which my grandfather took and gave it to my father to continue the house construction as his own contribution. And the other brothers and sisters also want their share only in the house which was built by my father and where my grandfather was living but not in the agricultural land.
Please advise us on what legal rights we have and what legal process we have to follow.
I have we a few question in my mind.
a. Can we get the position of the house?
b. Is my grandfather’s will valid?
