About Advocate Manoj Ambat Expertise I can answer any questions concerning Indian Law, that may include Criminal, Civil, Matrimonial, family laws, consumer contracts, agreements personal laws including Hindu Laws and banking laws in India. I do not specialize in tax laws.
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Experience I am an attorney having extensive practice in Criminal, Civil, family, contracts and agreements labour, personal laws including Hindu Laws and consumer laws for the last 9 years.
Organizations Having Independent practice
Publications My blog, Twitter
Education/Credentials BA.L, LL.B, General Course in Intellectual Property Laws ( WIPO, Geneva)
Past/Present Clients Individual clients and companies
Question I am from Punjab and I have a few concerns regarding rightful heirs and property distribution of an alive person. My current family chain consists of my Grandfather at the highest level, who has 3 children - 1st Daughter (my aunt), 2nd Son (my father) and 3rd Son (my uncle). Unfortunately my Grandmother and my Father have passed away and are not with us anymore. The property that my Grandfather possesses was partly inherited by him from our ancestors and partly self-made and he wants to give away the property wholly and entirely to my aunt and uncle. My predicament is that I fail to understand the rightful heirs in this case as he is living. Moreover, as part of the property was inherited by him as well, I reckon we should have some rights too, however I am vaguely familiar with property laws and would want your insight on this.
1. What is the right way of splitting up the property in accordance with Indian Law, considering my Grandfather is still alive?
2. Do we have any rights to his inherited and/or self-made property?
3. In case we do have rights, what would be appropriate way to approach this problem with respect to Indian Law, bearing in mind that this unjust distribution has occurred or is in the process of occurring soon.
I will be looking forward to your reply. Please answer my concerns to the most details that you can furnish and any additional information would be highly appreciated.
Thank you.
Answer Dear Rupinder
In your case as the property that your grand father has inherited is blended with the property that he has acquired, it can be considered as a blended property and for all matters it ought to be considered as an Ancestral property. Hence your father also derives a right which after his death will pass on to you. I would ask you to send a lawyer notice to your grand father demanding partition. If not you ought to go for partition. I think you have a winning case at hand
