Property right
KAPILA TRIVEDI
(Querist) 18 March 2014
This query is : Resolved
Dear sir,
Firstly i would intro my simple case.
My fathers Grand father had 3 sons(A+B+C)
Mr. B is my grand father..
My fathers Grand father have a single room in Mumbai. He wrote a will from where he had rusticated my grand father(B) from his will.
My fathers grand father has wrote that the room in Mumbai belongs to my son (Mr.A)there had been a deal between Mr.A+Mr.C and my father and he has handed over that room to my father in full settlement.
Now the case is My Grandfather Mr.(b) married out of my caste to a lady and they had one son.
My question is that do the lady or her child have any right on my fathers Property?????
Do my grand fathers any affair out will have any right on my fathers property???
Devajyoti Barman
(Expert) 18 March 2014
If B has no tile over the room, he can not bequeath the same to his legal heirs.
However later on the title holder can relinquish this your father's favour by proper registered deed.
The lady of her son has no claim over this property.
Rajendra K Goyal
(Expert) 19 March 2014
Whether after the deal the title of property was transferred in the name of your father.If not it should be done.
B or his family has no claim in the property.
KAPILA TRIVEDI
(Querist) 19 March 2014
Thanks Mr. Devajyoti Barman and Mr. Rajendra Goyal
The deal between my father and Mr.C is in papers and still the room is in the name of my fathers grand father.
We need a best advice so that we should secure our future. We just a one tens that do that lady or his son have any right on my dads property because from some lawyers we have heard that father have full right on his sons property and even the wife of grand father have rights on my dads property. So we were very tens that after so many years if some one just come on head and ask for the part of our room then what can we do???
Even that lady whom she got married is been married illegally bocz my grand father was already married and he did second marriage without divorce...
So this may help us in some extend???
whatever we dont want to go in that case..... so please do give us good suggestion that what should we do right now....
T. Kalaiselvan, Advocate
(Expert) 20 March 2014
You have written that your father's grandfather executed a Will n favor of A bequeathing the property, then why did C come into picture while the property was transferred on your father's name through some paper? Whether the property was a self acquired property of your father's grandfather?, if so, he has full rights to execute a Will bequeathing his entire property on anyone's name he wishes to, that way the Will executed in favor of A is valid and if A transferred the property in favor of your father through some deed, it is also considered as valid settlement however it need to be registered atleast now. Under the above circumstance, the wife of your grandfather or her son do not have any right over the said property, for further clarifications, show the papers, narrate the incidences to a prudent lawyer in your locality, proceed as per his advise.
KAPILA TRIVEDI
(Querist) 21 March 2014
Thank you so much Mr.T.Kalaiselvan and all others..
Its pleasure chatting with you all and i am thankful to all for giving your precious time with good solution.
I will do my work as per your guidelines only.
Thankyou for the same
