granddaughter's right on grandfather's property

maddy (Querist) 05 January 2014 This query is : Resolved
Hello Experts,
I am asking this question on behalf of my mother.
My mother has one brother and one sister
My mother's grandfather deceased and left his self acquired property without any will.
Her father also deceased and transferred the property to his son only and this has been done legally in the court. He did not mention the name of my mother and sister in his will and did not even took their consent on this.
Now my question is does my mother and her sister has any right on this property or not ?
If yes then how we can proceed further legally.Please suggest and advice.
Thanks in advance.

Follow Query

Report Abuse

prabhakar singh (Expert) 05 January 2014
IN WHICH YEAR YOUR GRAND FATHER DIED?
WERE ALL GRAND CHILDREN BORN IN HIS LIFE TIME?
IN WHICH YEAR HER FATHER TRANSFERRED PROPERTIES INHERITED FROM HER GRANDFATHER TO HER BROTHER AND BY WHICH DEED AND WHEN DID HE DIE ?

ajay sethi (Expert) 05 January 2014
you have stated that it was self acquired property of your mother grand father . on his death her father was only legal heir .

what do you mean by statement that her father transferred the property to his son legally in court ?

please clarify . if self acquired property is disposed of by will your mother cannot have any claim . her consent is not necessary for making a will

maddy (Querist) 05 January 2014
Hello Prabhakar,

Grandfather died in 1960.

Only mothers borther was born during grandfathe
rs liftime
It was memory deed of family setllement.

Now the court decision of this deed came after the death of my mother's father.He died in Jan.2011 and the court decision came in may 2011.

Please give your valuable suggestions.

prabhakar singh (Expert) 05 January 2014
WELL HOW OLD MADDY YOU ARE?
AND WHERE FROM COURTS GET IN YOUR QUERY?

maddy (Querist) 05 January 2014
i am asking this on behalf of my mother and i am 30 years old.

The property was legally transferred on the name of my mothers brother in the court.

Please try to explain me does my mother have any share in this property or not.

As this was self acquired property of mothers grandfather and he died intestate so how can father transfer the whole property on the name of his son only.

prabhakar singh (Expert) 05 January 2014
SORRY TO TELL YOU MADDY THAT YOUR MOTHER OR HER SISTER DO NOT HAVE ANY SHARE IN THE PROPERTY.

ajay sethi (Expert) 05 January 2014
father can dispose of his property by will . he does not need your mother /sister consent for same .

maddy (Querist) 05 January 2014
But it was not fathers property so how can he transfer the thing which was not his own thing.

Please explain me.

Thanks for your response and time in advance

Devajyoti Barman (Expert) 05 January 2014
How and by what means the property was transferred to your mother's brother?

maddy (Querist) 05 January 2014
My mothers father wrote a will in the favor of my mothers brother through a registered will in the court.

Guest (Expert) 05 January 2014
I endorse Mr.Prabhakar Singh's Reply ,it is almost a Verdict.

maddy (Querist) 05 January 2014
Does that mean granddaughter does not have any right on grandfather's self acquired property ?

Hindu succession act 2005 does not come into the picture in such scenario.

Please provide some supporting text on the same

Guest (Expert) 05 January 2014
When you say the property was transferred legally by court to your uncle that is your mother's brother then all relevant documents should be in his favour. Could you explain what you actually mean by legally transferred in court.Also what does it mean by 'memory deed of family settlement'Or atleast you confirm whether you are trying to say Will Probated in court as legal transfer in court

maddy (Querist) 05 January 2014
Mothers grandfather had 4 sons.when partition happened in 2010 only one was alive i.e my mothers father

My mothers father wrote a will in the favor of my uncle and as stated above it was registered will.

The property belonged to my mothers grandfather and he died intestate.

In 2010 they filed a memorandum of family settlement in the court.

The court decision came after the death of my mothers father.

The property was divided equally in 4 share

Guest (Expert) 05 January 2014
Thank you for explaining in detail.In this case the actual share of your grandfather had come to him only recently after his demise and he had already executed a will to his son that is your uncle or mother's brother excluding your mother in his will.YOUR MOTHER WOULD BE ELIGIBLE FOR 1/3RD SHARE IN THE SHARE GIVEN TO YOUR GRAND FATHER and your mother can serve a legal notice to her brother and file a partition suit.

Guest (Expert) 05 January 2014
Also note your communications were misleading and misunderstood.

maddy (Querist) 05 January 2014
I am sorry if my query was not clear i was just trying to keep it simple but i understand that in legal matters each and every word in important.

So let me conclude once again.

YOUR MOTHER WOULD BE ELIGIBLE FOR 1/3RD SHARE IN THE SHARE GIVEN TO YOUR GRAND FATHER

I think it should be father instead of grandfather.

Please confirm.

Also let us know about the procedure of filing a partition suit and the cost involved in it.

i hope i am not asking for too much.

Guest (Expert) 05 January 2014
You could read it as YOUR GRAND FATHER OR YOUR MOTHER'S FATHER.(read the line fully) For other things consult a good lawyer.

maddy (Querist) 05 January 2014
Hello ajay sethi,

Do you have further comments on this discussion or you also agree with rajkumar

ajay sethi (Expert) 05 January 2014
you seem to have changed the facts of your query . it is necessary to go through the case papers to advise .

maddy (Querist) 05 January 2014
My mothers grandfather had 4 sons.He has self acquired property.He died in 1960 without writing any will.

Now back in 2010 they filed a memorandum of family settlement and during this time only my mothers father was alive out of 4 sons.

My mothers father have one son and two daughters

Property was divided equally in 4 shares assuming one share for each son.As other sons were not alive so it got distributed among their children s. Mothers father deceased before the decision of court came.

Mothers father executed his registered will in favor of my mothers brother without mentioning or giving any share to my mother and her sister.

So now my mother and her sister can claim share in their fathers portion which he has given to his only son.

I believe i have provided all the details to the best of my knowledge.

Guest (Expert) 05 January 2014
Then in that case once again I have to correct 50% of the share given to your mother's father will go to your mother's brother basing on the will and his own share and your mother and her sister should share the balance 50% equally.I thought your mother is the only daughter to your grangfather

maddy (Querist) 05 January 2014
Thanks again rajkumar for your prompt and quick replies.

Can you explain this with some simple example regarding the share of the property.

My mothers mother is still alive so is she eligible for some share or not.

One more thing my mothers brother has also sold some portion of land to someone.so in that case what can be done.

Guest (Expert) 05 January 2014
You simply make it like this if there are 5 members in your grand father's family it will be split in to 5 shares and to your mother's brother one additional share of his father would go that is 2/5th share basing on the will and your mother her sister and grand ma will get 1/5 th each.Any thing more I am shutting in 5 minutes please.

maddy (Querist) 05 January 2014
Thanks i got it so now i am sure that we can file a partition suit and my mother and her sister can ask for their share in the property.

If possible can you answer my other query in last post.

Anyways thanks for all you time and patience.Much appreciated

Guest (Expert) 05 January 2014
welcome and thanks

Rajendra K Goyal (Expert) 05 January 2014
Dear maddy,

Your query resolved. OK. Few words for you as advise from an elder:

You are just writing Hello to senior experts and the experts for whom you wrote hello are having practice near to your age. Always use hello Sir or sir to show a respect for elders and seniors.

prabhakar singh (Expert) 05 January 2014
'' Only mothers brother was born during grandfathers lifetime'' are the words by you maddy i answered.

maddy (Querist) 06 January 2014
Please accept my apology i never wanted to hurt anyone..with all due respect.i accept all your advises and will keep in mind it as well

maddy (Querist) 06 January 2014
Prabhakar sir.This is really confusing now.some experts are saying that she has right and some are saying she does not have right.

Please advice in which scenario she could have claimed her right on the property of grandfather.

granddaughter's right on grandfather's property

Similar Resolved Queries :

Download LCI APP

Our Network Sites