Grandfather property

Anusha (Querist) 24 June 2016 This query is : Resolved
My grandfather is died 4years ago..and he z having 2daughter's 3sons.no is caring or giviving money to my grandmother.0ne house was there in the name of my grandfather. my grandmother is taking rent of that house for past 1year..now her sons are not allowing to take that rent money also..so grandmother decided to take that house in her name.. because she gave field property to 3sons and plots also.. and her sons,also in higher position good jobs.so can u suggest me how my grandmother can take that house without any objection with her sons?????

Follow Query

Report Abuse

TS Makkar (Expert) 24 June 2016
Has your grandfather left any will?

TS Makkar (Expert) 24 June 2016
If your grandfather has left no will, i.e. died intestate, then the property ought to be divided equally between your grandmother, 2 daughters and 3 sons. She can claim only her share.

However it is the duty of the children to maintain their mother, and if they fail to do it she can file a petition for maintenance under section 125 Cr.P.C

TS Makkar
Advocate
+91-9811849194

Kumar Doab (Expert) 24 June 2016
You have posted that:

"she gave field property to 3sons and plots also.. and her sons"

Is it in writing by a valid deed?

Or oral arrangement?

Who owned these?

Rajendra K Goyal (Expert) 25 June 2016
In whose name the House / property is? When and by whom it was purchased? Who has given the same on rent?

How the other property was given to children by her?

Without knowing full case details / related documents if any, nothing can be advised. Discuss with local lawyer.

P. Venu (Expert) 25 June 2016
The grandmother can move against the children under Maintenance and welfare of Parents and Senior Citizens Act, 2007.

As regards to the property, no definite suggestion is possible unless the complete information is known and examined.