Bettiah | 03 May, 2022 (10 months, 3 weeks ago)

Property Law

My grandfather died & did not divide his property!Can I claim my share?

I have some issues regarding my Grandfather's Land in my Village. Description given below:- My grandfather died in 1995. He did not divide his property. Now my aunt and her husband have encroached upon the house and also our property in the village. My father expired last year & my Mom is Alive. Please guide me. Can I claim my share in grandfather's property? Also guide me what can be done to challenge that encroachment on my grandfather's property done by my aunt in the village? Even My uncle & Aunt have given some part of our property to other farmers for cultivation & taken some money in return. ( Not sold completely) Kindly guide me on this situation & help me out with the best solution to resolve this issue. Eagerly waiting for your reply. Thanking You With Regards Chandra Thakur
03 May, 2022 | 12:17

You may contact us.

Komal Tyagi Advocate
LL.M.- Criminal Law

Founder- Justice In You

03 May, 2022 | 10:08

Dear Mr. Chandra Thakur,
Yes, you can claim your share in the your grandfather's property as a class I legal heir. For that you will have to file a suit for partition by stating all the property of your grandfather and making all his (grandfather's) sons and daughters as parties. This will include, house, village land, other properties both immovable and movable.
In the same you can also ask for interim injunction from possession and creating 3rd party against your aunt.
You can also claim the monetary benefit taken by your uncle in selling a part for cultivation.

This in my opinion will be the best solution.

Thanks and Regards
Adv Shradha Agrawal

03 May, 2022 | 03:43

Please reach me on whatsapp at 9794148274 for consultation.


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