Uncle's property division.
simi
(Querist) 03 January 2014
This query is : Resolved
My Uncle recently passed away. He is survived by my grandmother, his wife and two children. Because he died without a will, the property was divided and grandmother received her share in her name.
My uncle's wife and children are living with very limited income from the land and a low paying job. The children goes to college and school. My grandmother lives with another son. He is now coaxing her to sell her share and deposit in bank so that can be used for her health care and other expenses. My grandmother is receiving the pension of grandfather and the uncle with whom she is living with now is well to do enough to support her financially. It would be very helpful if my grandmother can pass it to her grandkids who are struggling after their fathers death. Is there any thing that can be done to prevent sale of the property.
Thanks in advance
Devajyoti Barman
(Expert) 03 January 2014
It is her share. If she is not ready to part with it , you can do nothing.
ajay sethi
(Expert) 03 January 2014
no your grand mother is absolute owner of her share . she can dispose it off as she pleases
Rajendra K Goyal
(Expert) 03 January 2014
No law but moral persuasion only can work.
P. Venu
(Expert) 03 January 2014
There is no doubt that the mother's share in the predeceased son's property is her absolute property. The facts in the query certainly presents a situation where law is conflict with morality. Is it not that the position of mother as a Class I heir in respect of a married son requires a re-look? The facts cited suggests that there needs to be restraint on the mother to alienate the property in the absence of any legal necessity.
T. Kalaiselvan, Advocate
(Expert) 03 January 2014
Here moral or legal, the legal wins because the old lady showed very scant respect to the sufferings and sentiments of her pre-deceased son's family's pathetic living condition and the law is unable to anything except to watch as a silent spectator. Thus, since the share of the property is absolutely her own property, legally nothing an be done to stop her from selling the same until she realises the situation and changes her mind.
P. Venu
(Expert) 04 January 2014
Law is not helpless, what is helpless is our understanding of the law that has led to this situation. I feel that Higher Judiciary as well the Legislature can and should do something to redeem the situation.
