Urgent Help needed
Hi, I am a law student from Bangalore, seeking legal advice on a problem I am having. I am a 21 year old boy and have a younger sister of 18. My mother supports us and our father does little but we stay in a 2 story own house of which my father’s mother name is on the ownership documents and we have now been threatened eviction (my mother and us children) while my sister and I have lived in this house since birth 18 years and 21 years respectively, my mother has lived here since she got married which would be 22 years now. My father’s sister want’s to kick us out so that she can develop the property .She stays down the road from our residence and claims her name to be on the will of my grandmother to get a portion of the land which is in prime land located 2km from the city center which is her true intention but claims that she wants a place for her children to stay, both above 21 years old and are working. Both my grandparents are on their deathbed while these decisions are being made by my aunt and as the party outside the situation we have no say which leads to the rise of these questions.
1. Can ancestral property that has been occupied by one child for over 20 years be split up by way of a will after the death of the parent?
-taken that we occupy the first floor and my grandparents occupy the ground floor
-are the solutions that we keep the first floor while my aunt gets the ground floor?
or
we keep the first floor and the ground floor is divided into two halves? (limitation on ownership by virtue of residence for over 20 years?)
2. Can we be forced to evict if asked to by my father?
- taken that my mother and i have lived here for 20 years plus and my sister from birth and now 18 years old
- are the solutions that we also hold ownership of the land by our residence for over 20 years?
- if there is a case for divorce can we claim this as property we have equal ownership in or can my grandmother only hold ownership?
-there has been no eviction threat to us until a few months back so will adverse possession come into play?
-does my mother have a right to inheritance even though she’s an in law to my father’s mothers property.
-do I as a legitimate child have right to my grandparents ancestral property?
- everyone is still alive and with no divorce can my mother claim the property to be her own by limitation?
2 Replies
If the property is in your grandfathers name, then it is up to him to evict, as per his wish. Where does the aunt or father come into it at all.
Is the property even actually “ancestral property”, or is it simply property belonging to your grandparents? If it is your grandfathers property (personal), which he acquired by means of his own hard work, then it is his alone, and he can will it to ANYONE he would like to.
Furthermore, I fail to understand how the property can become your mother’s by “limitation”. Under limitation to what statute?
Sounds like youre trying a land grab.