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Author Topic: grandfather enjoys all the property without taking care of grandchildren  (Read 673 times)

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Offline gsarat

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My grandpa got 20 acres from forefathers and 5 acres on my grandma name  he has three children.
1)   My uncle
2)   My father
3)   My aunty
my uncle and his wife died. My mother died.
My uncle had two children and father had three children.
My grandpa registered upto 5 acres for uncles children when they are minors only. Remaining all property is on my grandfather name. all  the property maintained by himself. My aunty was given some property 30 years back for marriage. He did not gave any property to my father or his children. All the property income is taken by grandpa only. He give yearly money to uncles children for education etc. But he will not give any money to us. My father is fellow who just eat and sleep. He does not bother about us and do not question his father. We are not allowed into house also. We donít know what we done? We are suffering a lot. How can we claim our rights? We all are majors now.  I got married recently. Please give us suggestion.
1.   How can we claim our rights? Should we divide the properties? Or can we claim our income?
2.   My father wont help us. Do we have rights to fight against my grandfather?
3.   does my aunty again has the right to take some share in our remaining property or grandma property?

Offline adv.amarnath

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Firstly, you have not mentioned the date of death of your grandmother, uncle and his wife which is very vital for devolving of everyone's right, title and interest of the ancestral property.

Secondly, you have not mentioned from which property your grandfather has registered 5 acres of land in favour of minor.

Considering your situation apparently, I would say as per Hindu Succession Act as amended upto date, you have no right, title and interest in respect of your grandfather's property. Even your father has no right over his father( your grandpa) property until and unless he dies intestate.

All my suggestions based on your insufficient information. If you have any query then you can call me in details.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline gsarat

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my mother died in 2011.
my uncle and his wife died in 1997 and 1995 respectively.
he sold some property that he got from forefathers and purchased some property and registered on my grandma name. grandma is alive.

if he got property from forefathers and does not take care of us.. we dont have right to fight on that?? :-\

Offline adv.amarnath

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As it goes or you said, you have no right to claim a property from your grandpa and grandma as they are still owner of their property. until and unless they die intestate. Property devolves one after one generation. You cannot claim your grandpa and grandma property galloping your father.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline adv.amarnath

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  • Advocate Amarnath Sanyal from Kolkata, West Bengal
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Please click on 'Applaud' just besides (left hand side) this post if you are satisfied with my suggestions
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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