Legal Question in Wills and Trusts in India

About my grandfathers property

My grand father owns a few acres of land in our native place and he passed away many years before.Now my father and his 13 siblings are planning to sell the land.My uncles i.e.my fathers two younger brothers are trying to sell the land themselves and take up more than what their share.

I need to know how much rights do i have in my grandfathers share. Is there anything that i can do to stop these mishappenings.I've heard gransons have a right on their grandfathers property.I have an younger brother but he is minor. I am around 21 and so me being major can i proceed with any legal activities on behalf of my brother.


Asked on 9/19/08, 10:51 am

3 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: About my grandfathers property

Yes, you have share in the ancestral property. You can file a civil suit in the trial court of your area claiming for

(a) partition of the property amongst all the legal heirs of your grandfather in accordance with their respective share; and

(b possession of your portion of the land.

Your share will depend upon a few facts which are missing in your note, e.g. the marriages of your grand father; if all the 14 children are from one wife or different wives; dates of their birth; date of death of your grandfather; etc. etc.

All these facts will be noted down from you by your local lawyer whom you will need to engage for filing your case.

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Answered on 9/19/08, 11:15 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: About my grandfathers property

Contact a local advocate with full facts as to safeguard your share in the property.

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Answered on 9/22/08, 7:20 am
Vijay Chandavale Advocate Vijay Chandavale & Associates

Re: About my grandfathers property

well u may approach to court to claim share and stop the concerned from sale and may also call for partition and accounts etc.

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Answered on 9/20/08, 2:01 am


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