Grandmothers property
Charan Chander J
(Querist) 20 April 2009
This query is : Resolved
Hi Everyone,
I need a legal advice on this issue.
My grandmother has 1 son and 1 daughter and my grandmother passed away in 2007. My grandmother inherited a house from her father and now my grandmother has not made any will. But my aunty (grandmothers' daughter) has somehow got the property transferred to her name without our knowledge and she is claiming right to this property.
But as per my knowledge this is illegal, can somebody give me some clarification as to how I should proceed further.
Thanks,
Charan
Y V Vishweshwar Rao
(Expert) 20 April 2009
The Property belongs to Your paternal Ground Mother and she died with out executing any Will deed . On the date of death of Your GM by General Succession, the successors are two 1 Your Father and Your Father's Sister.
I am of the View that son and daughter have equal share , the mutation with out your knowledge will not effect your rights , Your father can file objections against the mutation and your father can claim his share in the property .
adv. rajeev ( rajoo )
(Expert) 21 April 2009
Ur father and ur father's sisted has got equal share in the property. When behid the back ur aunty's name is entered to the property, straight away suit for partition is better, instead of filing objections. Ur father will get 1/2 share and it is decree, The orders passed by the Tahashildar, Assistant Commissioner and Deputy Commissioner and other orders passed except court are not decrees because they will prounced in the office, but decree and orders passed by the court are applicable to whole world.
Charan Chander J
(Querist) 21 April 2009
Thank you Mr. Y V Vishweshwar Rao and Mr. Rajeev S Vadrali.
Charan Chander J
(Querist) 29 April 2009
Hello Everyone,
I have another doubt, how can this property be split? Do we have to sell and divide the money or do we have to partition the available property in 2?
Thanks,
Charan
n.k.sarin
(Expert) 30 April 2009
You may sell and divide the money. If agreed partition the property in two.It is depend on your sweet will.
Charan Chander J
(Querist) 30 April 2009
Dear Sir,
My father is ready to sell and divide the money equally but my aunty now says the market is very down and so she is in mood to incur a loss by selling it. She insists on dividing the property but says she will take the front portion and we have to agree to take the back portion and her conditions are we should not use the front portion to enter or leave our house and she will not give parking space.
How can this be acceptable to anyone, is there a solution to this problem?
Thanks,
Charan
sanjeev murthy desai
(Expert) 30 April 2009
Dear Charan,
If your father ready to sell the Property, you can sell in favour of your aunty as per market value of the property (your father share only).
sanjeev desai
Charan Chander J
(Querist) 30 April 2009
Dear Sanjeev,
If my father agrees to divide it as per my aunt's condition i.e. she gets front portion and we get back portion,, will we not be the loosers? Back portion will have lesser value when compared to the front portion and more over nobody will come forward to buy our share since my aunt is not agreeing to give parking space.
Thanks,
Charan
sanjeev murthy desai
(Expert) 30 April 2009
Dear Mr. Charan,
See family partition depend upon adjustment of the co-members for their life. Its not depend profit or loss bussiness of the family members..
Otherwise file a partition suit for what you want then court will be decide it. Ok...
sanjeev desai
Charan Chander J
(Querist) 30 April 2009
Thank you Mr. Sanjeev for your quick reply.
If you can through some light as to how I can approach to file a pratition suit it will be very helpful.
Thanks again,
Charan
sanjeev murthy desai
(Expert) 30 April 2009
Please contact any good lawyer for this purpose in your local area they will do this...
Charan Chander J
(Querist) 30 April 2009
Thanks Mr. Sanjeev for all the clarifications. Will I be able to get a lawyer from this forum, if so how can search for the same.
Regards,
Charan
Charan Chander J
(Querist) 05 November 2009
Dear All,
As I have mentioned earlier my grandmother inherited this property from her father and now we have got to know that she has made a will which states that the property will go to her daughter after her death. But no where in the will they have mentioned about my father... so is this will really valid and is it advisable to proceed with this case in the court?
Regards,
Charan
