Dileep R 16 July 2017

Grandmother's Right

My Grandma had two husband's and both persons expired. Grandma leaving with her son and daughter in law and two children's. My Grandma have 2 children's and one person (elder one and his father is her first husband) got expired. The property she belongings to purchased by her husband (2nd husband) and now it's in her name(he gave consent via legal letter to her using his properties after his death). Now second son is not ready to take care her in olden days. He is arguing that all properties purchased by his father (2nd son belongings to her 2nd husband) and not eligible to sell the property or give to third party without his consend. Now she is staying in my house and 2nd son not allowing to stay her in her own House. Legally whether this property belongings to him (2nd son)?. Police can do any thing in this matter? Grandma is telling she is ready to give all properties to both sons children's (to whom take care her on this olden days). But legally is it possible?

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4 Replies

Dileep R 16 July 2017

Thanks in advance

Kumar Doab (FIN) 16 July 2017

The query is not drafted properly so as to convey a clear message.

Kumar Doab (FIN) 16 July 2017

It is believed that the Grandmother and all others are Hindu and said property(ies) in question are self acquired/earned and grandmother’s marriage 1st and 2nd were legally valid.

Did she marry 2nd time after death of 1st husband?

What is legal letter on the basis of which property was transferred in name of grandmother: WILL?

If yes was it duly acted upon without any cloud on it?

Confirm!

Kumar Doab (FIN) 16 July 2017

If the owner of the property (say 1st husband) has deceased without disposing the property in his life time and without leaving a valid WILL, then his property should devolve upon his legal heirs.

If left a valid WILL in favor of grandmother then if the WILL is duly acted upon without any cloud on it and property was transferred in the name of grandmother then she becomes owner.

She can enjoy the property she got thru WILL and NO one including son can evict her from it.

If she is Sr.Citizen she can claim maintenance from Son under:

Maintenance and Welfare of Senior Citizens (MWPSC) Act, 2007

https://socialjustice.nic.in/writereaddata/UploadFile/Annexure-X635996104030434742.pdf

She can also evict the son under this Act.

If she is being harassed she can lodge complaint with Sr. Citizen helpline of police , nearest police station.