Right on grandfather's property

Querist : Anonymous (Querist) 01 January 2021 This query is : Resolved
My grandfather got his share of house from his father when he divided the house into 4 equal parts amongst his 4 sons ( including my grandfather).

My grandfather had a legal will where he had his 3 children on them ( 1 son, 2 daughters).
My mother being the eldest unfortunately passed away before him and my uncle and aunt forced him to sign off her share amongst them.

My grandfather passed away a few months later.
My question is do granddaughters and grandsons have a right over his property?
How could my uncle and aunt force him to distribute my mom's share amongst them?
If I file a case in the courts, do I have a strong case?

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Quick Summary

This discussion explores whether grandchildren are entitled to a share of their grandfather's property, especially when their mother passed away before him. The property in question was inherited by the grandfather from his father. Experts suggest that if the grandfather's share was considered self-acquired, he had the right to distribute it via a later will or gift deed, potentially excluding the predeceased daughter's line. While challenging such a distribution is possible by proving undue influence, the general consensus leans towards the grandfather's later will or deed being legally binding, making a strong case for the grandchildren difficult unless the later document is invalidated.

kavksatyanarayana (Expert) 01 January 2021
In which way i.e. either by a registered Gift deed or another will? When your mother died and grandfather died?

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Isaac Gabriel (Expert) 01 January 2021
Yes.you are entitled for the share of your mother since it was not a self earned property.

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Querist : Anonymous (Querist) 01 January 2021
I don't know but can you kindly tell me what happens in both the scenarios?

Sri Vijayan.A (Expert) 01 January 2021
Your grandpa has acquired the property by a partition.
Hence, it is his self acquired property.
He can write a Will

However, you can file a suit. It needs a strong argument.
You have to show that your grandpa was under the influence of your uncle and aunt. There is no possibility to leave the children predeceased daughter.
It is a matter of argument.
Contact a local good, experienced lawyer.

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Advocate Bhartesh goyal (Expert) 02 January 2021
Yes,you are entitled to get your mother's share in property.Engage local lawyer for further necessary action.

K Rajasekharan (Expert) 02 January 2021
The property (one-fourth) devolved on to your grandfather, from your great grandfather when he divided his property among his four descendants, is equivalent to a self acquired property, the distribution of which could be done based on his volition.

When your grandfather divided the property as per his volition among his two descendants based on a subsequent Will or a deed of gift, by ignoring your mother’s choice and the former Will, both you and your sister cease to have any right on his property, which both of you might have obtained as per his earlier Will.

When a person prepares a subsequent Will or executes a subsequent gift deed on his property, his former Will would get automatically cancelled as per law.

Based on the facts as I understood from your query It seems that you don’t have a case at all of whatever nature.

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Rajendra K Goyal (Expert) 02 January 2021
Well analyzed and advised by expert K. Rajasekharan, agree to it.

Dr J C Vashista (Expert) 03 January 2021
The property devolved in the share of your maternal grandfather is self-acquired, which he may pass on to any one during his life time.
Consequently other LRs (including your mother) of your maternal grandfather are "out" from his property
No further obligation to an "Anonymous" author who do not want to reveal his / her identity.

Dr J C Vashista (Expert) 03 January 2021
I fully agree and appreciate expert opinion and advise of Mr. K Rajsekharan.

P. Venu (Expert) 03 January 2021
Yes, facts posted suggest that the grandfather had excluded your mother's branch while executing the Will. Unless the Will is got invalidated through the due process of law, you have no chance to inherit.

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