- This topic has 11 replies, 8 voices, and was last updated 1 year, 5 months ago by
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UHi everyone, riddled with a lot of doubts, hence, posting the same here for sound advice. My father passed away recently and our home (built by my grandfather) was in his name. It was in his name in the will made by my grandfather. Post that, my father didn’t make any will. He had three sisters of whom, two have passed away and the husband of one of them has remarried, although they had adopted a kid. One of these 3 sisters is alive, married. One, as mentioned, is no more but has children and grandchildren.
My mother and us two kids had been living separately for the past 18 years as our father was physically and verbally abusive. Although, they never applied for or went through a divorce.
Now, since father is no more, who can lay the claim on the ancestral home, what all legal steps as well as counter measures we can take.
Having a home of my own, we have been living on the mercy of others for quite some years. Now, me and my sister are independent but we still yearn for the place where we were born and brought up.
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UGet a good family lawyer who is practicing in family property+ joint family partition matters. As you have mentioned that house was Ancestral property of your grandfather, he had no right to bequest that property to your father. However, since that will is not challenged till date, you don’t have to worry about it. Secondly, now your father is expired, apply for trecording name of your mother and yours as legal heir of your family. Now this process is different for different kinds of property.
Your lawyer also might suggest to apply for heirship certificate in civil court, you can go forward with that too.
But most important, take possession of that property before anyone else.-
USorry, my bad, for using the word ‘ancestral’. So, the house was built by my grandfather and he willed it to my father.
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UI mean, it’s ancestral property for this person right? So like his father wouldn’t have been able to will it to anybody except his legal heirs. But agreed, not ancestral property when grandfather willed it to this person’s father.
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UAssuming you are a Hindu, the house will be equally shared between your mom, you and your sister. Your father’s sisters do not have any share. You need get a legal heir certificate mentioning all the 3 inheritors and initiate name transfer for the property.
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IPeople often get confused between ancestral and inherited property, so first, make sure you are not.
Seeing that your grandfather has the title, it can be assumed that the house was his to bequeath to anyone of his choosing, which he did.
Here, in your case, S30 HSA would apply, and you (along with your other daughter and your mother) would inherit the house.
The aunts would not have any claim. -
BLawyer here.
Since your father died intestate, the property would be divided equally amongst his Class I heirs (assuming you are Hindu). That would be your mother, your sister, and you. So you can recover possession of that property and declare yourselves to be the rightful owners by filing a Civil Suit for Declaration and Possession.
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