Civil Procedure Code (CPC)

adopted grand children property right


My grandfather adopted my mother. He died without will(property self acquired). My grandmother wrote will (will has been registered even though I have not registered property in my name)in my name with I alone have right to claim or sell property after them. My mother only has right to maintenance in will. I alone looked after both my grand parents and mother and performed all their duties. Both my Grand mother and mother expired before 2006. can my sister have rights to claim the property now
 
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Retired employee.

Your sister is equally entitled to all the rights as a daughter of your mother.  Your sister and you have to share the property in equal shares presuming that you are from a Hindu family.

 
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Advocate

Who are the legal heirs of your grandfather,  mother and grandmother excluded? Your grandmother could only bequeath only the property that fell in her share, not the etire property. That being the situation, the property vests with you and your mother, provided there are no other legal heirs to your late grandfather. 

 
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No legal heirs except my grand mother and mother, next generation is me and my sister,the will is created in my name before 2005 and my sister got married in 1981. I want to gift the property to my daughter for marriage. I want to check with new law whether my grand mother will become void and we have share equal. or whether I get my grand mother share and part of my mother share. please advise
 
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Retired employee.

You can execute the gift deed without any doubt or execution, as you have not received the property through your father's ancestor.  As per law any property acquired other than from the father's lineage is "self-acquired property without any iota of doubt.

 
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Advocate

The facts posted suggest that you are in a hurry. The facts are simple. It is your haste that has made the issue complex.

On the death of your grandfather,  the property has devolved upon your mother and the grandmother in equal  shares. The grandmother having made the Will, you are the holder of her share in the property. (But for the Will your  mother would have been the sole owner).

You can dispose the grandmother's share, which is now vested with you, at your discretion. 

As regards to share held by your mother, you or or your sister have no rights or interest therein.  You are only the legal heir and as such, could only inherit any property that is left intestate.


Total likes : 1 times

 
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Thankyou Venu and Prasad sir
 
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Advocate

As rightly observed by expert Mr. P., Venu, our grandmother's Will can cover only her share out of her decesed husband's property.

If the Will states that the said share of her property shall go to you after your mother's lifetime, then you may have to wait for enforcing the bequest made in the Will in order to enable you to transfer the property bequeathed in the Will to your daughter on her marriage and not during yor mother's lifetime. 

Your mother can distribute her share of property to you and your sister equally or to she can transfer the entire share to yor sister alone or she can sell her share in ther property to a third person too in the capacity of an absolute owner of her share in the property.

 

 
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Lawyer

Well analysed, opined and advised by expert Mr. P Venu, I agree and appreciate.

Only grandmother's share bequeathed in your favour is your absolute share. 

In the share of your mother your sister has an equal share with you for intestate property left behind, after her death.

 
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