Legal heir - property
geethika
(Querist) 06 December 2014
This query is : Resolved
I am from a hindu family. My grandfather and grandmother has on son and one daughter. Iam sons daughter. My grandfather bought two homes, both two individual homes in the same compound. one registered in his wife name and another in his daughters name. (with the money he got by selling his fathers house). My aunt is living in her home and we were living in our grandmothers home(my grandmother got this home for his son i.e. my father. but didnot make any will). My gradmother died in 2005. My father died in 2010. My gradfather died recently. My aunt is claming that since my father is dead and the home is in my grandmothers name, she is claiming for the full property( she has her home and wants her mothers too). The original documents of our home are with her. Now we are thinking about shifting to another place, but we are not able to since she might sell without our knowledge. do my mother, brother and myself( iam married) have right our that property. can she sell without any one of us signing?
Anirudh
(Expert) 06 December 2014
Dear Geethika,
You have to first indicate (i) whether the property was self-earned by your great grand father or he got it from his father; (ii) In which year your great-grand father die?
ajay sethi
(Expert) 06 December 2014
answer queries raised by Mr Anirudh
Rajendra K Goyal
(Expert) 06 December 2014
From the given facts, You have share in the grandmothers property.
T. Kalaiselvan, Advocate
(Expert) 07 December 2014
From the details you have furnished it appears that your father as a legal heir of your grandmother has an equal share to that of your paternal aunt out of your grandmother's intestate property. Thus as legal heirs of your deceased father, yourself, your mother, brothers and sisters are entitled to that share of your father jointly, hence if your paternal aunt is denying this fact, you may either issue a legal notice for partitioning and separate possession of your share or file a partition suit directly claiming your share and separate possession of the same.
