Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Rights for women on grandfather's property

(Querist) 22 December 2013 This query is : Resolved 
Hi Sir/Madam,
My grandfather's(father's father) property(house) is in bangalore, but then its been occupied by my uncle (father's brother). Its a 2-storied building, in the ground floor my grandmother stays and in the first floor my uncle stays. The property is in my grandmother's name, my grandfather expired on 3rd dec 2013 and my grandmother is still alive. I do not have any document of the house. This property was bought by my grandfather with the money he got it after retirement. Can u please let me know how can i claim my partition nor make my uncle vacate the house?

I am financially not sound, I am afraid to file a case against them. Hence pls advise
whether married women (married in the year 2010) has rights in Grandfather's property and how to proceed. Pls advise.

P. Venu (Expert) 23 December 2013
Your father has a right in the property in case your late great grand father had died intestate i.e. not having made a will.
Dr J C Vashista (Expert) 23 December 2013
You have a right through your father which you are required to claim from your uncle. The partition can be there by meets and bounds and/or file a suit for partition requesting the Court to provide free legal aid.
malipeddi jaggarao (Expert) 23 December 2013
But Dr.Vashista, the author says that the property is in the name of her grand mother and grand mother is still alive. If the grand father purchased the property with his retirement benefits in the name of grand mother and grand mother is alive how can the author get any right on the property. In view my view it is the self-acquired property of the grand mother and nobody has any right during her life time. If she dies intestate then only the author can edercise her right that too through her father.

Guest (Expert) 23 December 2013
First you go to Registrar Office of the Property Jurisdictions get a Right person there to help you and apply for copy of documents.Like your grand parents sale deed,parent documents etc and apply for Ec (encumberrance certificate)for 25 years and show it to good civil lawyer and take a legal opinion going thro' the contents.Then we could decide
krishna mohan (Expert) 23 December 2013
Since the property is in the name of your grand mother and title rests with her you may try to find out her intention in a cordial way. It may be possible based on your expression at an opportune moment she may decide to write a will and devolve a right on you in an appropriate way for partition along with other legal heirs.
Rajendra K Goyal (Expert) 23 December 2013
Presently you have no claim on the property. Your GM can sell, mortgage, gift or will as per her wish during her life time.
P. Venu (Expert) 23 December 2013
The property had been purchased of the funds of late grandfather, though in grandmother's name. Obviously, the title vested with him. On his death, if he had died intestate, the title has passed on to his wife and children, the queriest's father included.

Incidentally, the queriest is totally silent on her father or his views on the matter. This is surprising and makes the query inchoate in more than one respect.
Madhavi (Querist) 23 December 2013
My grandmother has an intention of giving it my uncle(my father's younger brother) or aunt(My father's sis). If suppose after her death she writes a will on any of the above, Can i claim for the partition or not?
If possible how can i claim?

krishna mohan (Expert) 23 December 2013
In the eye of law it may be looked as self acquired property as she holds the title. Will is her free choice of expression whom to devolve the property and if your views are correct and if she writes a will as indicated by you, you may waste your time and resources. Instead try to take care of her as your grandma and she may possibly write a will by giving appropriate right to you.
T. Kalaiselvan, Advocate (Expert) 24 December 2013
Author Madhavi, the property lying in the name of your grandmother is a woman's exclusive property over which neither you nor your paternal uncle or any one claim any share, right or interest over it during her life time and she has all the powers to dispose it in the way and manner she desires it to be disposed, thus legally you cannot claim any share in it.
Dr J C Vashista (Expert) 24 December 2013
I concur with Mr. T Kalaiselvan, althoough the property falls under the perview of "Benami" since it has been purchased (self-acquired) by GF in the name of his wife (GM)
Madhavi (Querist) 24 December 2013
At present my uncle is staying in the first floor and my grandmother in the ground floor, is it possible to make him vacate legally?
ajay sethi (Expert) 24 December 2013
no you cannot ask your uncle to vacate the property
Madhavi (Querist) 24 December 2013
Thank you for your replies.
T. Kalaiselvan, Advocate (Expert) 25 December 2013
You have no rights to ask your uncle to vacate the house occupied by him in the first floor, but your grandmother has got full rights to do so.
Madhavi (Querist) 26 December 2013
In case of my grandmother's death, can i make my uncle vacate?

My intention is to make my uncle vacate bcoz the way he behaved with my parents was untolerable. They even used abuse language and even hit them, at that time my parents didnt have any support to approach police.
Madhavi (Querist) 26 December 2013
If suppose my grandmother writes a will on my uncle, after my grandmother's death can i make my uncle vacate?
P. Venu (Expert) 26 December 2013
What is your parents', esp. father's opinion/stand in the matter?

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