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tharun (se)     11 December 2015

Grandparent's property

Hello everyone,

I need some help on the property laws as my knowledge level in property matters is extremely less. Please help.

My grandfather(retired school teacher, aged 80 years) has two kids, of which my dad is the eldest one. My grandmother has a property, it has been given to her by her parents. My dad's was a love marriage. So they threw him out of the house when I was a kid. Then from that day onwards, my dad's brother stays with my grandparents. They get almost 30,000 Rs/- rent every month from the property which is present in my grandmother's name. My grandfather gets about 20,000 Rs/- pension everymonth.

Whereas, my thrown out dad on the other hand has nothing! He is an auto driver from past 25 years. Which means, my age is 25 years now.

Now, my grandfather is in the hospital and he is critical. Since his age is almost 80 years, doctors have told that he may die anytime now. When all this is happening, my grandfather now is insisting my grandmother to give my dad also a share in the property. My grandmother controls everything now.

Since the property is in my grandmother's name, we do not know what to do now. She is planning to give the entire property to her second son i.e, my dad's brother. They are planning not to give anything to my dad.

If I approach the law, can anybody please tell me as to how I or my dad can approach?

I look forward for any kind of help or reply.

Thanks.



Learning

 8 Replies

GANDHI MOHAN BHARATI (Pensioner)     11 December 2015

Under the provisions of Women's Property Act, 1956, any property which comes in the hands of a woman by way of gift sreedhana, will etc., will be treated as her self earned property and she can do what she pleases. From your narration it appears that you have no case

tharun (se)     11 December 2015

Hi Mohan, Thank you so much for your quick reply. In that case, she has the right to give the entire property to my dad's brother is it?? Also, in case of her death, then, to whom will the property belong? Thanks and Regards, Tharun

saravanan s (legal advisor)     11 December 2015

Only if she dies intestate your father would get equal share along with his brother

tharun (se)     12 December 2015

Thanks Saravanan. Is there a way to get to know if the will has been done?

Anand Bali Adv. (Advocate Solicitor & Consultant)     13 December 2015

Here I contradict the experts who has given their advice as above,

Here the properties are two different nature one is belonging to the Grand Father in shape of movable property like cashe out of his savings and other property and other is immovable property belonging to the Grand mother; however both the properties are independent and are managed by grand mother only ( One not owned by her as managing does not mean owning the property)  if I am not mistaken.

See the share right to property which is inherited by the Grand father can not be snatched away by your father he can claim his share out of it it is very clear.

Now come to the property of the Grand mother which he got from her side out of it if she do not wish nothing can be given to your father without her will.

However, in case both die intestate ( With Out Will ) your father's share can be claimed as equal to the all the first class legal heirs of the deceased person/s.

Perhaps you must be much clear now.

T. Kalaiselvan, Advocate (Advocate)     19 December 2015

The property on your grandmother's name shall be her own property and during her life time she cannot be forced to give a share, it is her own will and wish to make a settlement or partition to her children. If she dies intestate then her property will devolve equally on all her legal heirs, by which your father will be entitled to a 50% share in the intestate property. 

GANDHI MOHAN BHARATI (Pensioner)     20 December 2015

The reply of Mr.Kalaiselvan makes the position very clear. No one can force her during her lifetime.

tharun (se)     29 December 2016

Dear Lawyers, Reading this above mentioned discussion I need further help. Now my grandfather passed away in Jan 2016. Now, 3 months back, my grandmother got a stroke and is paralysed on one side, she can't walk. But she talks properly. Now, my Dad's brother is forcing her to divide the property into 3 parts of which he wants 2 parts. She is scared of my dad's brother. When we ask she says she will divide the property into two. But when my dad's brother asks she says she will make 3 parts. In this situation we really don't know what to do. He also has plans to make the entire property in his name without giving anything to my father. Is it possible for my dad's brother to do that way now? Meaning, can he get a will paper now and take my grandmother's signature making the entire property in his name? Please help. My grandmother also is a double game person. We are really clueless on what to do now. Any help is appreciated. Thanks and regards, Tharun

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