Right to Family house
We have a house on my father’s name. Now he has expired and left a will. I was not living with my father in that house. My mother is living there and after my father’s death, my brother also started living there. Few days ago I saw a notice in newspaper that my father has left his will in favour of my mother and me (A) and in same notice it was mentioned that my brother (B) wants to sell it and if I do not raise objection in 7 days then they will allow him to sell. I raised the objection in 3 days but then also he sold the house with only my mother’s consent. I want answers to the following: 1. How can I get the will? As my mother and brother have not shown it to me or publically yet? 2. If I have share in the house and then also they sold it then how can I claim it back? 3. Can it be sold without my consent? 4. If my father has bought this house with my Grandfather’s money then can I claim it as ancestor property?
Your mother and brother have already accepted that you have a right of inheritance under the will. That being the case, the property cannot be sold without your consent. If the property is sold without your consent, no valid title is passed to the buyer and you can file a suit in the court for this declaration. In order to see the will, in the same suit, you can make an application to the court for the production of the said document. In addition, "[p]roperty inherited by a Hindu from his father, father’s father or father’s fathers’ father, is ancestral property" [U.R.Virupakshaiah v. Sarvamma & Anr, Civil Appeal No. 7346 OF 2008, (Arising out of SLP (C) No. 11785 of 2007)]. Merely because a property is brought using your grandfather's money, it does not become ancestral property, unless it is inherited thus.
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