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What does law says?

Our family lives in a house owned by grandfather with our uncle's family, since the title has not been transferred in ours and our uncles name the uncle is taking advantage of us being on the top floor and not being able to split or let us sell our portion of the house, also we have 2 aunts who favor the uncle.
can we take any legal action to get our share???


    




Princess Leia
Did you grandfather die? What did his will say? How many children did your grandfather have? Is your grandmother alive?

It depends on the state, but if there is no will, an estate is typically divided like this: 1/2 to the surviving spouse (grandmother) and 1/2 to be split between the surviving children (your uncle, 2 aunts, and whichever parent is the sibling of the other 3). In which case, your mother/father [whichever is the child of the grandfather/grandmother] would only own 1/8 of the property.

If there is no surviving spouse, then the house may be split between the 4 children (so your mother/father [whichever one is the grandfather's child] would only own 1/4 of the property.

What you need is to have the property be probated so that title will be held in the proper names (you will need an attorney who specializes in wills, trusts, and estates).

Then, you need is an attorney to file a partition lawsuit. Before you do that, get an appraisal on the property (of the fair market value) and offer it to your relatives for 1/4 of the price (since your parent only owns 1/4 of the property). This may actually be done when the property is probated!

Hope this helps....you'll have to spend money for both attorneys.


agna00790
law say person to get her own right


Expert Realtor
Rating
If your grandfather owns it, unless he leaves a will, you may not be entitled to anything.

The house, upon your grandfather's death, if he leaves the title in his name, will be split equally among his children.

A probate court, if no agreement among his children can be reached, will order the house sold and proceeds split equally.

The court considers CHILDREN of the owner (assuming there is no spouse), a closer relative than siblings.

It doesn't matter who is occupying the house...the probate court does not consider that at all.

That is the direction it follows. So as a grandchild, you are at the bottom of the line, and most likely would not get anything when your grandfather dies.


Ashish
If your grandfather has not divided the property then it will be divided into 4 parts. the size of the property will be decided by the court or u can also decide that with the consent of all the 4 people. You can't take any legal action against them as the property is not rightfully yours as it is still in the name of your grandfather. But, better consult a lawyer.


v b
Rating
Hire a lawyer.

Either you own a portion through inheritance or you don't. IF you do, you can force a sale.


the catalyst
Rating
if ur grand parents have not left any will then the property is to divided into 4 parts 1-uncle, 2-3-(2 )aunts, 4 ur's family.
legally if 3 parts are put together like ur uncle & aunts then there is nothing much to do,u must look for will or any authantic legal doc left by ur grandparents that may help.........
good luck





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