Legal partition on maternal property

This query is : Resolved 
 

(Querist)
17 April 2017

My Late Grand Mother owned and built property is being inherited by My Mother with three child i.e. Two Son and One Daughter including myself elder.

A) Can mother desire to give any one child ignoring others if such case is arising in future without proper partition?

a.) Late Grandmother if at all has will or wish to do partition in elder's favour can Mother change that Later ?

a..) Property not documented on Father's name
,can influence to change any right later ?

B)If there is any existing WILL document either by my GrandMother or Mother , Can we invoke any legal provision to get certified copy when both Parents’ are alive ?

Thanks
DM


Kumar Doab (Expert)
17 April 2017

It is believed that you are all Hindu.

Confirm!

Kumar Doab (Expert)
17 April 2017

You have posted that:


“My Late Grand Mother owned and built property is being inherited by My Mother …………….”


Apparently it is your maternal grandmother.

The property from mother’s side is not ancestral.

Kumar Doab (Expert)
17 April 2017

The nature of property that is inherited by your mother can be disposed by her in her life time by a valid/registered deed in anyone’s favor e.g; gift/sale/WILL etc etc………………….. .


The last wish of testator stated in last and valid WILL is supreme.


So if owner (say Late Grand Mother or even mother) has decided to bequeath her estate to elder child then it goes to the elder child.


The WILL has to be acted upon without any cloud on it. Hence every legal heir should sign NOC and/or get a notice.


If there is a valid WILL by late grandmother then if the property is at presidential towns; Kolkota,Mumbai,Chennai then it is mandatory to probate the WILL……………… Hence every legal heir gets a notice.


As per limited understanding NO one can force to reveal the WILL, provide the copy of the WILL.

Kumar Doab (Expert)
17 April 2017

Parents’ usually do not discriminate.

Serve the parent well so that they do not decide to deprive anyone from estate.

DEBASISH.M1 (Querist)
17 April 2017

Agree to certain extent on earlier Reply But this is a "strange society today" ,Still my Query is "If at all my Grand Mother has an WILL statement favoring one child then can my mother change or super impose WILL favoring another child as property solely inherited by her" as both cases will be Unknown till such situation arise as legally deemed fit ?

P. Venu Online (Expert)
18 April 2017

Why so many 'IFs"? Please post the real facts.

DEBASISH.M1 (Querist)
18 April 2017


Real fact is My GrandMother has purchased entire property on date of my birth and built with extreme dedication as well hardwork over a long period say 10 years.

Grandmother always only wished ( may have wrote ) that I should take care of this however due nature of my profession I have never stayed in same place in last 15 years constantly.

My Mother who solely inherited post GrandMother demise has different thinking on partition between three children ( Two Sons and One Daughter )

Can mother change or super impose WILL favouring another child as property solely inherited by her ?

Hope fact is clear

Kumar Doab (Expert)
18 April 2017

The owner alone can dispose the property by a valid deed say: WILL.

So both Grandmother and Mother whosoever is owner can dispose by a valid WILL.



The WILL can only be changed by testator!

So the WILL of grandmother can only be changed by her.


The WILL under coercion,fraud can be contested on merits.


Agreed with Mr. P.Venu.

Kumar Doab (Expert)
18 April 2017

If there is a valid WILL, left by maternal grandmother, then it has to see the light of the day.


If the WILL of Grandmother surfaces then your mother can not make any changes to it.


The WILL has to be acted upon without any cloud on it.





Kumar Doab (Expert)
18 April 2017

If there is NO valid WILL left by your grandmother and your mother was the sole surviving legal heir of her mother ( your maternal grandmother) as on date of her death then she alone can inherit the estate of her mother and attain rights of owner.



The property that devolves by inheritance might be self acquired.



The owner (your mother) can dispose her estate in anyone's favor ( including but not limited to you) by a valid deed in her life time.



If she decided to grant equal share to all her sons and daughters then she can.




Kumar Doab (Expert)
18 April 2017

If there is NO valid WILL left by your grandmother then you may accept the share being given by your mother, by her sweet will.

DEBASISH.M1 (Querist)
18 April 2017

Many Thanks.

While waiting for new Sweet will ,

A ) Do I do have any right to retrieve WILL left by my Late GrandMother ?

B) Way Or Process to retrieve WILL left by my Late GrandMother ?

N.J.S.Rajkumar alias narasimhaOnline (Expert)
18 April 2017

Right Question by Senior Expert/Advocate Mr.P.Venu to be Answered.

Kumar Doab (Expert)
18 April 2017

You are welcome.

Kumar Doab (Expert)
18 April 2017

If WILL of your deceased maternal grandmother is registered then if you are beneficiary inquire with O/o Registering Authority for certified copy of WILL. Carry copy of death certificate.



If you feel that WILL was signed and is not registered (or registered) and your mother has it then request her.



Or if you are sure that Mr/Ms……………….were witnesses check with them.



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