Master the Science Behind Firearm Evidence. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Raja (Project Manager)     10 November 2025

Right on grandfathers house

Hi

 Our family has a gradfather's house inside few acres of land. Gradfather has 6 children. 3 son and 3 daughters. The house and land is undivided and is in the name of 6 children jointly. One of the son ( My fathers younger brother) was living in the house for nearly 40 years. He passed away recently. We had no issues with this property until now. I have few questions.

  1. Can the deceased uncles wife claim right on the land and house for having lived there for so long
  2. Can they denly right of entry to other family members to the house
  3. If no , what can be done if they lock the house

Thank you

Rajendra Rao K



 12 Replies

Shashi Dhara   10 November 2025

All have equal right over property, she cannot obstruct you to enter premise she or other co parceners can file suit for partition.

T. Kalaiselvan, Advocate (Advocate)     10 November 2025

All the legal heirs of the grandfather are entitled to a share in the property as a right which include the legal heirs of the deceased legal heirs too.

The affected parties can file a suit for partition for dividing the property and for allotment of their share with separate possession.

Advocate Bhartesh goyal (advocate)     10 November 2025

The property is in joint name of your father and his  siblings and.since your uncle has passed away so his property rights shall devolve to his legal heirs i.e his wife and children. Anyone or affected joint owner may file suit for partition and claim their respective share and separate possession of property. 

Raja (Project Manager)     10 November 2025

Thank you . I understand that all have equal rights. Is there any way to restrict others entry since she has been living in the house for 40 years.

 

P. Venu (Advocate)     10 November 2025

Yes, the property, the house included, is jointly vested with all the legal heirs. The wife of the deceased brother also happens to be a jointee.

Raja (Project Manager)     10 November 2025

Yes I understand that but can she disallow others from entering the house since she has been living there for 35-40 yrs now?

 

kavksatyanarayana (subregistrar/supdt.(retired))     10 November 2025

No.  Though your uncle's wife (your father's deceased younger brother's wife) has been living in that house for 4 decades, she cannot disallow others.  File a partition suit for your legitimate rights.

Raja (Project Manager)     10 November 2025

Thanks everyone for the clarifications

Regards

Rajendra

Dr. J C Vashista (Advocate )     11 November 2025

Very well analysed, opined and advised by learned experts, I would like to add to the above you may file a suit for partition before jurisdictional court through a local prudent lawyer.

All LRs of your grandfather has  equal share in his intestate property.

Raja (Project Manager)     11 November 2025

Thank you for you knowledgable suggestion.  I understand the property can be claimed by filing a partition suite. Is there any leagal way to ensure the house is not locked to disaalow enty to other? What can be done if house is locked and other legal heirs want to stay in the house until the partition is done?

 

Thank you

Rajendra

kavksatyanarayana (subregistrar/supdt.(retired))     11 November 2025

They can reside in it.

Dr. J C Vashista (Advocate )     12 November 2025

In the suit for partition you, with other shareholder(s) if any, may seek an interim injunction from the court through your lawyer.  


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register