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Kavitha Nair (HR)     15 October 2013

Property possession

Dear Sir/Madam,    I want to know if the grand children are eligible to claim grandparent’s self-acquired property.  I am in a situation where my grand pa has passed away off late and my grant mom who is at her 80's now the sole owner of the property.  My grandparents have 2 sons and 3 daughters.  The youngest lady who is my aunt is now claiming that the entire property has to go to her coz my grandparents owe some dues to her husband in the form of dowry.  She has also managed to convince my helpless grandma to agree on her terms.  Kindly advise how to mitigate this issue.  How do we ensure that each one get equal property share?  If my mom don’t get a share of this property, being her kids can we file a claim to possess this as inherited property?  This property is in Kollam, Kerala.  Please help me.



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 4 Replies

nkk (engineer)     15 October 2013

If grand pa has left no WILL, your grand ma cannot be sole owner. Your father, and thereafter you, also have share in property. You can claim.
1 Like

Advocate Rohit (Advocate)     15 October 2013

the property of your grandfather shall be divided among your grandma and her children. since it is not her self occupied property, thus she has no right to transfer the property in only one child's name. you may file a partition suit before the district court asking for partition of the property. Thus your father may claim his share from the property.

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai 

2 Like

Jairaj (Partner)     15 October 2013

the part where some dues were said to be owed towards dowry was interesting. It can neither be based in law or equity. Its not a "claim" per se.

1 Like

Kavitha Nair (HR)     16 October 2013

Thank you one and all for your valued suggestion!  It’s an eye opener for me to take this case forward.  Many thanks!


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