Grandfather property ( mother's father ) share

This query is : Resolved 
 


Querist : Anonymous (Querist)
14 February 2020

My Late Grandfather ( Mother's Father ) had written a will that, all his self earned property comprising both Agriculture land and houses to be shared among his 11 childrens ( 8 sons + 3 Daughters ) . But a decade ago all the 10 brothers and sisters signed the property documents ( only one house costing around 5 crores ) in favour of Eldest son as a mark of respect and documents got registered with out any signature from the grand childrens. Now legally can grand childrens claim share in the grand fathers properties.

Please Note: Late Grandfather has not written any will in favour of grand childrens and the eldest son has not paid any money to his siblings for registering the house in this name.

Moreover the cost of remaining 10 acres of land and other houses is not even worth for 75 lakhs. but this 75 lakhs is to be shared by 10 childrens of my grand father ( Mother's Father ).

Our Agony is the house at prime location costing 5 crores and above went to the eldest son of my Grand father


Raj Kumar Makkad (Expert)
14 February 2020

As the house was self acquired of your grandfather hence on his demise the share in favour of his his legal heirs shall be treated as their personal property. They need not to get the consent of their children while releasing their share in favour of the eldest son of the deceased.

Grandchildren of deceased have no share at all in the mentioned property as the same has not attained the category of ancestral in the hands of their predecessors in interest.


Querist : Anonymous (Querist)
14 February 2020

Thank you Rajkumar Sir for your kind advice

Isaac Gabriel (Expert)
14 February 2020

Whether the house worth 5 crores was self earned?

Advocate Suneel Moudgil (Expert)
15 February 2020

sufficiently advised


Querist : Anonymous (Querist)
15 February 2020

Isaac sir the house property when my Grandfather purchased at Kuppam ( Andhrapradesh ) some wherein !950's it was a just isolated village outskirts but now it turned out to prime commercial location owing to expansion of towns. Hence the site dimesion being 25 feet wide and 178 feet in length costs morethan 5cr

kavksatyanarayana (Expert)
15 February 2020

I agree with the advise of expert Mr. Raj Kumar Makkad ji.

Raj Kumar Makkad (Expert)
15 February 2020

We all less concerned with the value of the property and generally we confine only on legal aspects.

T. Kalaiselvan, Advocate (Expert)
Click to Talk
16 February 2020

Since this is not an ancestral property,the grandchildren do not have any rights in the property.
The house property worth a huge amount was transferred to one of the siblings by other siblings as a mark of respect and it was a voluntary act of other siblings hence this decision by them cannot be interfered even through any provisions of law.
Hence do not aspire for the one to which you are not entitled as per law, any proposed legal action on this may not be maintainable or tenable in law.

Dr J C Vashista (Expert)
16 February 2020

Very well advised by experts, nothing more to add.



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