Right To Grandfather's Property

[Eston]

Hi,   My grandfather built a house in U.P about 35years ago. After his death, he is survived by his wife, 2 sons and a daughter(married). Both the sons are also married. The first one has a son(me) and a daughter. The second has only a son. My grandfather has not left any will for distribution of the property.my father is the eldest and stays mostly in Delhi and is not in good terms with his brother ans sister. Even after repeated requests of distribution of property, my uncle is not doing it because he knows my father stays out mostly and he uses the entire house to himself. I wanted to know that who all can claim a right to that property? Is it my grandmother , uncle and aunt or the grandchildren as well including me? We fear that my uncle can present a false will to claim the entire property. Also, what can we do legally to expedite the distribution? My father has his portion separated out, built on a different design, has a separate water and electricity connection on his name, so much that the houses look separate but just use a common gate for entry.

[Rollan]

: On property under 2(a) above, all descendants of your grand father(i.e. your grand mother, all your grad father's sons and daughters and their sisters and if any deceased then their respective sons and daughters)will have a right. This is regardless of any will or gift of such property;   

On property under 2(b) above, to extent not given away by gist or will by your grandfather, again  all descendants of your grand father(i.e. your grand mother, all your grad father's sons and daughters and their sisters and if any deceased then their respective sons and daughters);

On the property under 2(b) above gifted by your grandfather: the receiver of the gift will have a right toward what is gifted; and

On the property under 2(b) above given under will by your grandfather: the receiver(legatee) under the will will have a right.

Query 2: What can we do legally to expedite the distribution?

[Berford]

Thanks Rajesh for your referral.

1. You inform that the house was built by your grand father. It is unclear on whether the land underneath the house was ancestral hand inherited by your grand father or the said land was self acquired by your grand father. 2. Please appreciate that the property falls under two categories:(a) ancestral property; and(b) property acquired by your grand father.

3. Thus,(a)If your grand father has self acquired the land on which the house is built and built the house on it, the property falls entirely under 2(b) above.

(b)If the land on which the house is built was ancestral i.e. inherited by your grand father, then the land falls under 2(a) above

4. Your father can have claim on:

(a) Property under 2(a) above regardless of any will or gift by your grand father; and(b) Property under 2(b) above to extent it is not already given away to any others by your grand father under a will or by way of gift, unless you are in a position to challenge the will or gift for it being fraudulent.

5. On the above backdrop, to answer your specific queries:

Query 1: Who all can claim a right to that property? Is it my grandmother, uncle and aunt or the grandchildren as well including me?

[Moor]

: My suggestion in the given circumstances is(a) Firstly please ascertain that status of the property, whether it is entirely self acquired(i.e. land as well) by your father or not. i.e. whether it is under 2(a) above or 2(b).

(b) Best endevour to call for a meeting of all legal heirs of your grand father(i.e. your grand mother, all your grad father's sons and daughters and their sisters and if deceased their respective sons and daughters) and gift receivers/ legatees if any, in presence of some family elder to settle the distribution of family property amicably among all descendants. It is always better if the matter is resolved amicably, even if you get lesser share as you will then save subsequent cost, effort and mental tension as also earn some goodwill. If this happens successfully, you should draw up a "Family Settlement Deed" in consultation with a reputed property lawyer and have it registered and on its basis have your father's part of the property transferred in your father's name in the land/ municipal registry etc;

(c) If amicable settlement does not come forth then you may file, with the help of reputed property lawyer, a suit for partition of joint family property giving full details of the property and making other legal heirs(i.e. your grand mother, all your grad father's sons and daughters and their sisters and if deceased their respective sons and daughters). Result of this would be courts declaration of your share of property.     

Trust,you find this useful.

Best wishes for your lawful actions in future.

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