Girl's right in ancestral property
Antony Doss
(Querist) 06 February 2012
This query is : Resolved
My grand father has a son(expired, has wife and 2 sons) and my mother. All the properties on my Grandfather's name and PATTA is in joint with my deceased uncle and Grand father.
My grand father is willing to give the property equally to both the heirs and my uncle's family is opposing. and recently we came to know that the property has been transferred to my aunt and then to her sons without my grandfather's knowledge. What can be done here. Pls suggest!. This is in Tamilnadu, Dindigul district.
To add to the above we took EC from Sub-registers office in the year 2009, the property was in my grand fathers name but now it is not. we suspect they forged someone to appear as my grand father for property transfer. Since I am not at my home town, I will go to sub-registers office directly asking for explanation then take necessary action as appropriate.. Am I right? or any different move which is most appropriate?
adv. rajeev ( rajoo )
(Expert) 06 February 2012
When the property is in joint name, it amount joint property of your grand father and uncle. Naturally legl heirs of your uncle entittle to inherit the share of your uncle in the joint property.
Your grand father can give his share to anybody.
V R SHROFF
(Expert) 06 February 2012
you can get share of your grand father.
R.Ramachandran
(Expert) 06 February 2012
Dear Mr. Doss,
You say the property is in the name of your grand father, but patta is in the joint names of your grand father and your deceased uncle.
Are you also suggesting that the property is in the name of both your grand father and your deceased uncle?
If the property is not in the name of your deceased uncle, the question of transfer of the same first in the name of your aunt, and then to her sons simply cannot arise. YOU HAVE TO INSPECT THE DOCUMENTS AT THE SUB-REGISTRAR'S OFFICE AND BE SURE OF THE EXACT FACTS. Otherwise, any answer that we may give may be useless.
Raj Kumar Makkad
(Expert) 06 February 2012
The transfer can take place only of the share of your deceased uncle but not the share of your grand father as he is still alive. You or your grand father cannot restrict authorities to transfer the share of deceased persons in the name of his legal heirs. It is also brought to your knowledge that your grandma is also one of legal heirs of your deceased uncle.
Deepak Nair
(Expert) 06 February 2012
The wife of your deceased uncle have right on the property since she is his legal heir.
with reference to the share of your grand father, he can give his share to anybody at his own discretion.
