Partition of grandpa's property


Hi Sir/Madam,

This question is regarding the property of my grand father. My grandpa passed away in 1991. We just got the legal hier certificate too. As per that, the legal hiers are, His wife (Grandma), 2 Daughters (My mom and Aunt). To be very honest, We are not worried about the property. But my aunt and her family ill treats my grandma a lot. Since, They are staying in the same building (grandpa's prop), they r causing lot of mental stress to grandma. they are asking for their share in property. They need the property, but not her. We are taking care of her well. But they need to realize their mistake. Also, As i am not sure, how they will treat, once they get the share. I would like to know, whether we can partition the property into 3(for 3 legal Hiers). If we cannot take care of our parents, we should not desire for their property. So i would like to suggest my grandma to write a will for her share alone for cancer affected Children after her!(Religion: Hindu)

Kindly advice.

 
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FIN

In case of Hindu male that died without leaving a valid WILL and disposing his self acquired estate/property in his life time:  the 1st right is of ClassI legal heirs i.e; Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters………….

 You have already o the legal heir certificate.

 

The authority under whose jurisdiction property falls say;MC, has a set procedure for such matters if NO WILL has surfaced; ‘Intestate Succession’…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements.

 

Check locally and comply with procedure.

Thereafter concerned official in the O/o Authority e.g; Patwari, shall act upon the matter and transfer the ownership by inheritance in the name of legal heirs in mutations records.

Thereafter obtain copy of updated mutation records.

If required property can be partitioned by boundaries amicably or thru court of law……. 

 
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FIN

Registered Family agreement mentioning boundaries can be a good option and may end any future litigation.

The Lady grandmother can dispose her share from her husbands property and any other estate/property whose tile is in her name in her life time by a valid/registered deed e.g; WILL, Gift/settlement/release/transfer/relinquishment/gift/sale deed etc  in anyone’s favor…

 

Settlement deed with life rights can be a good option.

It is mandatory to probate the WILL in the area of Bombay, Calcutta, and Madras.

It is no mandatory to probate the WILL in other areas. It is not mandatory to register the WILL.

The WILL should just be valid. Unregistered WILL can be acted upon.

The last valid WILL prevails.

Any WILL can be contested.

If contested WILL lands up in probate court of pecuniary jurisdiction…

If WILL is declared invalid succession sets in…

 

IT is better to maintain irrefutable written record of any deed being in knowledge of legal heirs and if possible get acknowledgment from legal heirs and/or witness by legal heirs……..to handle future litigation if any…

 
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I agree with Shri Kumar Doab

 
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FIN

Thanks for agreeing Shri SIVARAMAPRASAD KAPPAGANTU.

 
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practicing advocate

for her share she can exeucte the will.  It is better to take no objection from the other legal heirs 

 
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