Inheritance problem
Querist :
Anonymous
(Querist) 23 February 2011
This query is : Resolved
My father died in 1998, they were 3 brothers,my grandfather died in 2008 , i dont know whether he left a will or not ,he left shares worth 50 lacs and a residential house property in which we have been living on the first floor since 25 years , one of my uncle and grandmother lives on the ground floor, my 2nd uncle stays with his family at some other place , it was decided from the beginning that ground floor belongs to one of my uncle ,1st floor to us and 2nd floor to the other uncle ,but it was just an oral agreement since the beginning.
Now the issue is that my uncle and my grand mother keeps on harassing me and my mother since last 12 years on petty issues, its obvious they want us out ,I am not even allowed to park my car in the house although there is so much space .
And the shares is transfered in my grandmothers name and the nominee in that demat account is my 2nd uncle .
My question is what happens in the case of shares as an ancestral property ,even though my 2nd uncle is the nominee and my grand mother is the transferee holder right now .Can I as a grandson claim my share in the shares ?
Also how can i get my share of house property?
adv. rajeev ( rajoo )
(Expert) 23 February 2011
Yes you can claim your share in your father's property. You can also file a suit for partition and seperate possession because there is no regd., partition deed. Nominee is only to discharge his duty he/she has no absolute rights over the properties of the deceased.
Querist :
Anonymous
(Querist) 24 February 2011
Thank you Rajeev Sir
Querist :
Anonymous
(Querist) 24 February 2011
Can you give me some case laws regarding the ,nominee issue.
