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Kaus
(Querist) 05 September 2008
This query is : Resolved
Hi!
I live in a flate with my parents & Uncle. After my grandfather expired, my grandmother is not disclosing any information regarding the will made by him. I am afraid she will give away the flat to my uncle, if it is under her name. I wish to know
(1) What can I do to get my parents his portion in the flat in case it is Sold?
(3) Can I legally ask her to show the will?
(2) Can she give away flat to my uncle?
(3) Are there any legal actions I can take since I have been staying here for the last 26 years to get my parents right?
(4) Can I Nominate my fathers & uncles name as joint nominee with the society without my grandmonthers approval, since she would like to add only my uncles name?
(5)Also I heard from a friend that even if my father is not given any portion, I can get my portion by law, since I have been staying here since birth, Is it true?
Pls send u r reply as quickly as possible.
Thank You.
RAKHI BUDHIRAJA ADVOCATE
(Expert) 06 September 2008
first of all tell me ur age. secondly tell the property in which u r residing is ancestarl of self-earned by ur grand-father?
If it is ancestral to ur father then he can claim n if it is self-earned by ur grand-father then u can claim ur share from each n every property by ur grand-father.
Kaus
(Querist) 06 September 2008
Hi!
Thanks for ur reply.
My age is 26 yrs.
It is my grand father's earned property.
However, my grandmonther says it is now under her name & she can give it anyone she wants.
I wish to know :-
(1) What can I do to get my parents his portion in the flat in case it is Sold?
(3) Can I legally ask her to show the will?
(2) Can she give away flat to my uncle?
(3) Are there any legal actions I can take since I have been staying here for the last 26 years to get my parents right, my father stays here for approx. 45 yrs. now?
(4) Can I Nominate my fathers & uncles name as joint nominee with the society without my grandmonthers approval, since she would like to add only my uncles name,She has also signed form to nominate my uncle's name, Can I stop it?
(5)Also I heard from a friend that even if my father is not given any portion, I can get my portion by law, since I have been staying here since birth,I am 26. Is it true?
Pls reply
Jithendra.H.J
(Expert) 06 September 2008
as it is a ancestral property, surely you are having right over the property, you have not stated how your grand mothers name enterd in the records as she is the owner of the property? is it changed into her name after the death of your grand father? by your query it is clear that you have not taken any pain to know that in whose name the property is standing!
if you are possessing any records to show to the court of law that the flat is ancestarl property, you can approach the court of law, to get your share.
Kaus
(Querist) 07 September 2008
Thanks for ur reply.
To answer ur question. My grandmonthers name is not entered yet in the society. However I have come to know it is in the process of the name change.
At this time it is still showing in the name of my grandfather, but my grandmother states that as per will, property is in her name eventhough she is not ready to disclose the will. She states she could give the property to anyone she wants. Is it true?
If possible pls answer earlier questions as well.
Jithendra.H.J
(Expert) 11 September 2008
if it is ancestral property she cannot give away the property according to her whims and fancies. you can raise your objections in writing to change of the flat in to your grand mother's name. you can also question the genuinity of the will
