sridhar (Manager) 07 November 2013

Grandfathers property rights

My grand father and grand mother did not decide the property share for their son's(5 nos) and doughters(5 nos). Now my GF was died around 10 years ago, and my GM was 98 years old. now she don't have any sense. Till now they have not distributed the property. Few year's ago my grand mother has given her residensial plot share(She got it from her father) to my 4th uncle becouse he don't have proper JOB. Which we came to know very recently. Present market value of that property was arount 1 Crore. My question is how far it is valid. As a grandson (Elder son's son) can i fight for this injustice.

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4 Replies

Adv Archana Deshmukh (Practicing Advocate) 07 November 2013

Legally there is no injustice with you. Your GM have every right to give away the property that she acquired from her father to anybody of her choice. It is her absolute property. So, if she was in proper senses and was aware of what she is doing while transferring her property to her son, then you cannot do anything, if not, then it can be challanged on that ground.

sridhar (Manager) 07 November 2013

Ok, but now my uncle is asking the balance property with equal share. Sitting ideal he is making crores of rupees property. Others are very hard working but still they could not match with him, how can you do justice to other uncles, including my father.

V V Ramanarao (NA) 08 November 2013

Madam/ Sir, I am putting one doubt after Central Government act July 2005 if any property is not shared Sons and daughters have Equal rights in Grand fathers /Grand Mothers property . I think his idle uncle is asking on that clause . If he has received it after 2005 July can he demand again equal share

Bharatkumar (ADVOCATE ) 08 November 2013

Sir, If your GF was died why all sons and daughters are not enter their name in revenue records or any government or semi government records. Please enter their name as per legal heirs or your GF.