Property Succession
nataraj
(Querist) 02 December 2010
This query is : Resolved
Sir,
1. My great grand mother purchased [self aquired] PROPERTY in her name in bangalore city and GOT transferred to my grandfather's name after her death as per HINDU SUCCESSION [Intestate].
2. Now MY grand father also died in 1970 without making any WILL [intestate].
3. It got transferred My grand mother [intestate] she also died last year.
4. Grand father had 3 sons & 4 daughters, and all alive still.
5. 2nd son that is my father is also alive still.
6. I'am Natarajk [33yrs age] grandson living in my grandfathers property [i.e. above described property] at present, but no other son or daughter or grandson or granddaughter are staying with me.
7. Now im also married, i want to know what rights i have in my grandfathers property, and can i ask my share in the grandfather's property which came to him by my great grand mother. [still my father and there brother & sisters not divided above mentioned property].
8. Please help me out in this regard clearly.
adv. rajeev ( rajoo )
(Expert) 02 December 2010
3 sons + 4 daughters have got 1/7th share each in the property. You being the grand son you are entittle to claim your share only in your father's share.
R.Ramachandran
(Expert) 02 December 2010
Dear Mr. Natraj,
When your grand father died without leaving any WILL, the property ought to have gone to all his legal heirs i.e. his wife (your grand mother) and sons and daughters.
However, you say that the property got transferred to your grand mother's name. (Do you mean to say that your father and his brothers and sisters relinquished their interest in favour of your grand mother? Otherwise how the property of your grand father will get transferred in the name of your grand mother?)
From the way the property has been treated, it is not an ancestral property.
Therefore, it is the private property of your father, his brothers and sisters.
As a grand son, you cannot make any claim as of now when your father is alive.
M V Gupta
(Expert) 02 December 2010
I agree with the views of Mr. Ramachandran. During the life time of ur father you cannot claim any share in the property. Only ur father can demand for partition of the property. But it does not appear worth to do so. Better course is for your father to acquire the shares of your uncles and aunts by paying them the value of their sahres.
Uma parameswaran
(Expert) 02 December 2010
How Expert R.Ramachandran comes to the conclusion that nature of the property is not ancestral.If the above said property is only a part of the g.grand father's and grand father also received as a part of his share and grand father died 1970 with or with out WILL .it is not clear.Is the other Legal heirs reliquished their right s?
R.Ramachandran
(Expert) 02 December 2010
Dear Ms. Uma,
I have already indicated that if it had been ancestral property, then it would have gone to the co-parcenars. Instead the entire property was willed to the grand mother. That is why I had said that the way the property had been treated all along it is not an ancestral property.
You are welcome to have your independent views on the subject.
nataraj
(Querist) 02 December 2010
Dear Experts Sir and Madam,
I thankful for all of you for your answers.
But sir/madam,
As per the your advice, i have a question. I have put an "PARTION SUITE" case in court on my uncle and aunts in 2005 [the case # "497/2005"] to give my father's share to him and so that i can get my share from my father and its in the stage of "MEDIATION" now. My advocate says if my uncle and aunties agree to give share then it will be no problem my share will get easily, else i have to wait and fight in court for som more time.
Sir/Madam, i'am tired of running this case. Can you people advice what i'am doing is correct or what can i do in further.
