Do i have share in my grand fathers self earned property
Chitra
(Querist) 17 May 2014
This query is : Resolved
sir, i am chitra, residing in kovai, my grand father has a self earned property, and he wrote a will, the will is in tamil language.. in that will, my grandfather has written the will in my fathers elder brother's name and after his life, the property is for me.. the will is as follows..
மேலே குறிப்பிட்ட வீடு எனது ஆயுளுக்குப்பின் எனது மூத்த மகன் குமார் தன் வசம் அடைந்து, சர்வ சுதந்திர பாத்தியமாயும்,தானாதி வினியோகவிற்கிறையங்களுக்கு யோக்கியமாயும், ஆண்டு அனுபவித்து..
குமாரின் காலத்திற்க்கு பின்பு எனது இளைய மகன் ராஜுவின் மகள் சித்ரா சர்வ சுதந்திர பாத்தியமாயும்,தானாதி வினியோகவிற்கிறையங்களுக்கு யோக்கியமாயும், ஆண்டு அனுபவித்து..
my fathers elder brother is a physically disabled person, cant able to walk, is now going to sell that property as my grand father died before 3 months, now,
1) does my fathers elder brother kumar has right to sell that property without my permission.?
2)if he sells the property, do i have right to claim a share in it?
ROHIT SHARMA
(Expert) 17 May 2014
Dear Ms. Chitra,
1. Of course you can restrain him by filing a suit u/s 34 of the Specific Relief Act, 1963declaratory seeking a declaratory decree of your vested rights mentioned in the Will and another I.A. in suit under order 39 Rule of the C.P.C. 1908 seeking injunction restraining him from selling the said property.
2. On other person who is not mentioned as a beneficiary of the Will cannot lay legal claim on receiving share in such Willed property.
malipeddi jaggarao
(Expert) 18 May 2014
Whether the Will gave selling rights to your father's elder brother or only benefits out of the property during his life time is to be seen. Since the Will is in Tamil, I could not read the full text. If only benefits are bestowed, he can not sell otherwise he has the right to sell the property.
Anirudh
(Expert) 18 May 2014
The following words in the WILL "தானாதி வினியோகவிற்கிறையங்களுக்கு யோக்கியமாயும்"
in favour of your father's elder brother entitles him to sell the property.
Therefore, in my considered view, you cannot stop him.
Sankaranarayanan
(Expert) 18 May 2014
I do stand with Mr Anirudh In tamil it clearly mentioned . my view too that you can not stop it
Chitra
(Querist) 18 May 2014
ok anirudh sir, if he sells the property, do i have right to claim a share in it..
P. Venu
(Expert) 18 May 2014
Is your uncle selling the property because of legal necessity?
T. Kalaiselvan, Advocate
(Expert) 18 May 2014
Under the given circumstances, the alternate option is that your father can file a partition suit claiming an equal share in the property left intestate by his father by ignoring the facts that there subsists a Will benefiting some beneficiaries bequeathing the properties in question. This action will prompt your father's elder brother to approach the court for probating the Will, where it will be decided that if your paternal uncle is entitled to life interest only or he is eligible to sell the property, because, if the Will is understood that your uncle is entitled to sell the property, there was no need fora mention of an additional beneficiary to the property in the Will. Let the Will be disputed in the court upon which there can be a proper relief or if there can be an insight of a mutual and amicable settlement within the family, it may be processed accordingly.
Anirudh
(Expert) 19 May 2014
@Chitra,
Currently the property is his, you do not have any share. Consequently, you cannot legally claim any share in the sale proceeds also.
ROHIT SHARMA
(Expert) 19 May 2014
1. There is an embargo in form of condition that the property shall vest in the Uncle for his life time and thereafter it will devolve upon you.
2. This visible condition mentioned in the Will does not permit the Uncle to dispose the property since the right of enjoyment for his lifetime is implicitly conveyed by the wordings in the Will and thus you have a absolute vested right in such property and moreover u/s 39 of the Transfer Of Property Act, 1882 you have a right to procure maintenance for your self so the Uncle cannot make any transfer deed depriving you of such legal right even it rests in future time only.
3. Thus your father's elder brother Kumar despite the fact that he is physically handicapped has no legal right to sell that property without your permission.
And if he agrees to share the proceeds with you, you can then consent for such sale of such property. But be sure that this negotiations are reduced in writing and notarized.
4. If need be for private consultation contact this lawyer.
Adv. Rohit Sharma.
(B.Sc. L.L.B. L.L.M.)
(M) : 09824047971.
E-Mail : lawgate1349@gmail.com.
