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Grandmother Rights

(Querist) 16 July 2017 This query is : Resolved 
My Grandma had two husband's and both persons expired. Grandma leaving with her son and daughter in law and two children's. My Grandma have 2 children's and one person (elder one and his father is her first husband) got expired. The property she belongings to purchased by her husband (2nd husband) and now it's in her name(he gave consent via legal letter to her using his properties after his death). Now second son is not ready to take care her in olden days. He is arguing that all properties purchased by his father (2nd son belongings to her 2nd husband) and not eligible to sell the property or give to third party without his consend. Now she is staying in my house and 2nd son not allowing to stay her in her own House. Legally whether this property belongings to him (2nd son)?. Police can do any thing in this matter? Grandma is telling she is ready to give all properties to both sons children's (to whom take care her on this olden days). But legally is it possible?
Kumar Doab (Expert) 16 July 2017
The query is not drafted properly so as to convey a clear message.

Kumar Doab (Expert) 16 July 2017
It is believed that the Grandmother and all others are Hindu and said property(ies) in question are self acquired/earned and grandmother’s marriage 1st and 2nd were legally valid. Did she marry 2nd time after death of 1st husband? What is legal letter on the basis of which property was transferred in name of grandmother: WILL? If yes was it duly acted upon without any cloud on it? Confirm!

Kumar Doab (Expert) 16 July 2017
If the owner of the property (say 1st husband) has deceased without disposing the property in his life time and without leaving a valid WILL, then his property should devolve upon his legal heirs. If left a valid WILL in favor of grandmother then if the WILL is duly acted upon without any cloud on it and property was transferred in the name of grandmother then she becomes owner. She can enjoy the property she got thru WILL and NO one including son can evict her from it. If she is Sr.Citizen she can claim maintenance from Son under: Maintenance and Welfare of Senior Citizens (MWPSC) Act, 2007 http://socialjustice.nic.in/writereaddata/UploadFile/Annexure-X635996104030434742.pdf She can also evict the son under this Act. If she is being harassed she can lodge complaint with Sr. Citizen helpline of police , nearest police station.

Rajendra K Goyal (Expert) 16 July 2017
It seems the property is in the name of your grandmother.

Your grand mother can sell / gift / mortgage / bequeath a will for her property in favor of any one, no one can object.
Guest (Expert) 16 July 2017
Agree with Mr RK Goyal
Guest (Expert) 16 July 2017
Well Advised please............
Guest (Expert) 16 July 2017
Your grand mother has all the rights
Guest (Expert) 16 July 2017
No one could object
Guest (Expert) 16 July 2017
Agree with Experts...............
Kumar Doab (Expert) 16 July 2017
The said letter may or may not be sufficient to confer the title.........
Preferably show it to local counsels or post clear and full facts...
Kumar Doab (Expert) 17 July 2017
The groups and gangs are visiting profiles of querist and asking for work and money. It is virtually like ringing doorbells knocking on doorbells. Such groups,gangs, gang members, gang leaders are lowliest in the lowly and are lowering the image and repute of LCI and experts. Mufatkhori ki had hai.
Freemongers have crossed all limits.
Mr.P.Venu has also brought it in the knowledge of readers.
Kumar Doab (Expert) 17 July 2017
Watch your profile pages and inform about any allurements ( Pralobhan) or abuse in this thread or by PM..................
P. Venu (Expert) 17 July 2017
Admittedly, the property is in the name of the grandmother; this property belonged to her second husband. The question is how this property has come to be in her name. Was it through a WILL or a gift? If a gift, was it through a registered deed?


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