1) aunt has equal share in the property which is standing in your grand father name
2) she can file suit for partition for division of house by metes and bounds
Do daughters get claim in father's property?
We live in a house which is in my grandfathers name.My grandfather died in 1977 , but now my father's sister is asking a stake in the property. My father has been living in the house from his birth i.e from 1947. My aunt is well settled and her husband is very rich.We dont wont to sell this property nor we can afford to give stake to my aunt.Just wanted to check whether my Aunt can legally take action against us?
Asked 7 years ago in Property Law
Religion: Hindu
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2 Answers
As per law the children of the deceased father are the legal heirs or successors in interest along with the spouse and mother of the deceased person.
If your grandfather is reported to have died intestate then his properties shall devolve equally on all his legal heirs, incidentally your father and his sister are the legal heirs to your deceased grandfather.
In the given situation, your paternal aunt is entitled to an equal share along with your father from her deceased father's property.
Even if your father is born and brought up in the same house and also your paternal aunt is very rich and well settled, she has rights in her father's property for a legitimate share in it which canot be denied..
This can be mutually and amicably settled by talks shedding down the ego or else if she goes to court seeking partition and separate possession of her share in the property then the court will decide only in her favor leaving you with a heavy loss of time, energy and money due to the litigation.
