Grandfather's property rights
PUNEETH
(Querist) 03 January 2017
This query is : Resolved
Hi,
My grandfather had bought a house in his self earned money. Upon his death it was transferred to my grandma. In due course my father (elder son of my grandfather) also passed away. My father had two brothers and two sisters.
Now my grandma wants to divide the property into 4 parts and transfer 2 parts to her second son and one part each to third son and me due to some mind games played by him.
Please let me know is there any way that I can make her to divide the property equally among all? If she still goes on with her decision what are my chances of stopping it?
Thanks in advance.
Kumar Doab
(Expert) 04 January 2017
It is believed that you are Hindu.
Confirm!
The self acquired property of deceased Hindu male, dying without disposing his estate in his life time by a valid deed, devolves upon his ClassI legal heirs i.e;
Mother, wife, sons ,daughters.................
How did the property was in the name of (Wife) Grandmother alone, after death of husband (Grandfather)?
Was it by a valid and duly acted upon WILL left by Grandfather or say; gift deed registered by Grandfather in his life time , or say valid relinquishment deed by all other ClassI legal heirs in favor of mother (Grandmother)?
Rajendra K Goyal
(Expert) 04 January 2017
Whether your deceased Grandfather bequeathed any will? When he expired?
How property came in the name of your grandmother?
Whether any family registered settlement executed by all legal heirs of your grandfather.
In case your G Father left no will, property was transferred in the name of your grandmother without any registered settlement / relinquishment deed by other LHs, you can file suit for partition. In such case you may claim 1/10 th share ( 1/10 for you and 1/10 for your mother if no other LH of your father is present).
This may be less than what you are offered at present.
Guest
(Expert) 04 January 2017
Dear Puneeth,
As per your statement, your "grandfather had bought a house in his self earned money" and upon his death that was transferred to your grandma.
If the property was transferred in the name of your grandma with some valid transfer or settlement deed, she becomes the sole owner of the property and has full right to dispose of the property in any manner she likes. In that case you won't have any chance to stop her from distributing the property in shares, as she decides.
So, solution to your problem depends solely upon the document that was prepared by the family for transfer of property to the name of your grandma and also whether that was registered or not with the sub-registrar.
Guest
(Expert) 05 January 2017
Ms.Usha Kapoor you are here by advised to address the Senior Advocates /Experts with Due Respect and Not to Address simply by their Names.
Guest
(Expert) 05 January 2017
Ms.Usha Kapoor You are also Setting a Wrong Example to Others by the Way you address the Seniors and Other Advocates Too.
Guest
(Expert) 05 January 2017
Ms.Usha Kapoor Could you Please Tell Me How you would Address the Other Side Counsels/Adcocates In Side the Courts
Rajendra K Goyal
(Expert) 05 January 2017
The author has not preferred to reply the questions from experts.
Guest
(Expert) 05 January 2017
Ms.Usha Kapoor your Reply is also awaited Please
Kumar Doab
(Expert) 05 January 2017
Probably the querist has checked with his counsels and is satisfied, that is why has not replied.
Wish you the best.
Guest
(Expert) 05 January 2017
Ms.Usha kapoor Your Reply is Still awaited
Guest
(Expert) 05 January 2017
Assumption by Mr. Kumar Doab, i.e., "Probably the querist has checked with his counsels and is satisfied, that is why has not replied," seems towards satisfaction of his addiction of making multiple posts!
