Information about my mother's share in her demised father's self acquired property

Mridula WS (Querist) 01 March 2015 This query is : Resolved
Dear Sir,

We are based in Kerala (Orthodox Christians). My maternal grandfather have 4 sons and one daughter(my mother). My grandfather had lung cancer since 1995 and passed away in 1997. Now the youngest son is living at my maternal house. The issue is that my mother believes she has some share in her parents property. The reason is her father told her in his last years before he lost his memory (he had memory loss in the last months) that there is some land (10 cents) for her above the house on the north-west side. There is around 3 acres of land around the maternal house and all bought from different persons at different time period in my grand mother's name. My grand mother is alive (90 yrs) and is not capable of making any decisions on her own. She even doesn't know about the land in her name. My mother said this matter a few months before to us and also to her brothers (including younger one) and they asked her to check for that with the younger brother. After a lot of requests, finally my youngest uncle showed the papers to my mother while reading the deed by himself and his wife. They did not allow my mother to read the deed which made my suspicious and is reluctant to show the will to others even to the other brothers. After reading the deed (my mother keep saying that was deed not will that her brother was reading since there were names of other people from whom they bought the properties) they said 'there is no share for her that is mentioned in the deed' which is of course true since that was a deed on my grandmother's name. Now we are helpless to even know from my uncle if there is any share for my mother. My other uncles are helpful but they inherited (along with my youngest uncle) another 12 acres of rubber plantations. I don't know how any acres each one has got, but my oldest uncles are willing to show the will of this 12 acres.

My question is ' is there any way we can know if there is any property on my mother's name?' say from village office or from registrar's office. My mother even don't know if the will (land around her mothers house) was registered or not and my youngest uncle will not show the will in any means.

What to do?

Kind regards,

Sofia

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kavksatyanarayana (Expert) 01 March 2015
@Author, if will is registered one, you may get a copy of the will applying with the copy of death certificate of your grandpa. to know any transactions made on your mother name or grandmother name, apply for EC at SRO and apply for adangal copy from the taluk office concerned. after getting all these papers, consult a local lawyer who knows yours state rules.

Mridula WS (Querist) 01 March 2015
Sir, thank you for the reply. But where we have to apply for getting the will copy?

As I understood from the post, the EC (encumbrance certificate) is needed for checking if any mortgages are there for the property. am I right? If there is some mortgages that need to be repaid , then only I have to consult a lawyer? Why I am asking is we don't want to ruin our relationship.

ajay sethi (Expert) 02 March 2015
you have to apply in sub registrar office . you will get copy if will is registered.

for checking title deeds of the property you can take search in sub registrar office find out land which was in your grandparents names

malipeddi jaggarao (Expert) 02 March 2015
Obtain a copy of Will in the hands of other siblings of your father. Examine thoroughly, you can get some clue. You will have to consult a local advocate with all available papers and particulars of properties. You do not wish to spoil the relation, you keep quiet.