What legal steps if uncle demands grandfather’s house eviction?

My family has been living in my grandfather's house, which is still in his name. He passed away without transferring ownership to my mother, even though he had intended to do so. Now, my uncle wants us to vacate the house, as he wants the property for himself. My mother is not involved in any probate proceedings, and we’re unsure how to respond to our uncle’s demands. What legal actions or steps should my mother consider in this situation?

2 Answers
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Aparna kanampalli
Advocate Aparna Kanampalli Answered: 03 Aug 2025

whether your grandfather executed a will? as you said your mother is not part of the probate proceedings. If so kindly get the will verified by your advocate, and file an impleading application in the probate proceedings, and file objections. Further, file a partition suit, as your mother is also a coparcener and has equal right over the said property. contact a lawyer for legal assistance

Admin
Advocate By LEAD INDIA Answered: 29 May 2025

Your mother can file a partition suit in civil court to claim her share in the property as a legal heir. Since the house is still in your grandfather’s name, all legal heirs (including your mother) have equal rights. She should also file for an injunction to stop your uncle from forcing you out until the matter is legally settled. For further legal assistance contact us on our helpline number.

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