Grand fathers property- my rights
MAHAMMAD ALI SHAIK
(Querist) 16 October 2011
This query is : Resolved
Sir,
We are 3 brothers 2 sisters (all got married) We have 3 houses and 3 commercial shutters at my native place.This property is my grand father's & mother's name. They are alive.
My both younger brothers are settled at my native place.Their profession is business. But I have settled in another city due to my job.(salaried)
My problem is my two brother's are saying "You have a job, So leave share on property". My father also not interested to give equal share with my younger brothers. He is saying, you have job, Why do you want property?
I am working in private company. which do not give me any house facility and land. My two brothers are earning more than me per month. Still they are talking like this. It is so much hurting.. Please help me in this regard. Can i have any legal proceedings. Because my father also not supporting me.
Please help, My community is Muslim, My Location is Andhra Pradesh
R.Ramachandran
(Expert) 16 October 2011
Dear Mr. Mohammed Ali,
When your grand father and mother are alive, and when the property in their name, none of you can claim any share or right over the said properties.
At best, your grand father / mother can give the property in WILL. But maximum only 1/3rd property can be willed by them. So, it is not clear on what basis you brothers are saying they you are entitled for any share in the said property, even when your grand father and mother are alive.
When none of you have any legal right over the said property(ies), the question of your proceeding legally cannot arise.
ajay sethi
(Expert) 16 October 2011
the 3 commercial properties are in your garndfather s name and mothers name .
they are still alive . your grandfather / mother caqn make a will bequeathing property equally among all legal heirs .
you can request them not to discriminate against you as you are not earning well and not having any company accomodation
MAHAMMAD ALI SHAIK
(Querist) 16 October 2011
Sir,
My both brothers want to take property on their names by using cheep tricks like,
"He will be not taking care you.(to Grand parents), He is earning more money than us, He will be millionaire but we will be poor, He is well educated than us. (They both are degree holders but I am PG holder)" and many more.
Even my grand mother also said, Why do you want equal share, you have job. I am not going to give equal share to you.
I so much hurted..
I am suspecting they will take property from grand mohter and father without knowing me. Movement has come in my home that of Property transfers.
Can i go to court for bifurcation or stay? Please guide. other wise i will loss my ancenstral property...
Raj Kumar Makkad
(Expert) 16 October 2011
You have no legal support in such matter. You should convince your grand father and his mother to treat you 3 brothers on equal footing as per your argument.
Decision has to be taken by your family whereas nothing legally is possible.
prabhakar singh
(Expert) 16 October 2011
Yours is a family problem and not a legal one.Grand father and grand mothers can only do some thing,get their love convince them with the realities you are facing.
