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sureshyeskay (Retired (VRS) Assistant Director of Horticulture)     18 January 2015

Am i eligible to get my maternal grandmother property

My father, elder brother & younger sister jointly have registered themselves without my knowledge (partition deed not signed by me) the partition deed of property inherited from my paternal grandmother (father's mother) to my father. Father has not earned any of the said property.

After i came to know of this i have issued a notice & published in newspaper of this development.

Now one advocate says that my father has his discretion over the property (inherited by him from his mother) how he chooses to divide among his sons/ daughters.

As per the advocate i have my right only on property inherited by my father from his father (i.e., from my paternal grandfather).

And as per the advocate i have no right over the property inherited by my father from his mother (i.e., paternal grandmother - i.e., mother of my father).

Please help clarify on this. Thanks.



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     21 January 2015

In the given situation, your advocate is partly right stating that you do not have any right over the property inherited by your father from his mother.  On further issue that if your father inherited property out of your grandfathers self acquired property, even then your father can dispose the same as per his sweet will and wish, nobody can claim any share or right in it.

saravanan s (legal advisor)     31 January 2015

your grand mothers property is her self earned property.if she had died intestate all hers sons and daughter are eligible for a equal share along with her husband.only if ur father is not there at the time of partition then your fathers share will devolve on u.

if she had willed it then your father can give it to anyone he wants to give as that becomes his self earned property.u cant object it


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