Bilu 15 July 2018
Bilu 15 July 2018
Kumar Doab (FIN) 15 July 2018
Which personal law applies in your case?
Or are you all Hindu?
You are male or female?
The said property is agricultural land, rural, Urban, or it is a building?
Have the deceased i.e. your grandfather left any valid WILL?
The property in the hands of grandfather was self earned/acquired, ancestral?
The property is in which state?
Confirm!
Kumar Doab (FIN) 15 July 2018
Grandson may have NO forced share in self earned/acquired estate of grandfather.
Son may have NO forced share in self earned/acquired estate of father.
Succession opens on date of death; by inheritance or by testamentary succession ( by valid WILL).
In case of Hindu male dying without disposing her estate/property in her life time by a valid/registered deed the 1st right is of ClassI legal heirs ie.e Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters……
In case of deceased Hindu woman dying without disposing her estate/property in her life time by a valid/registered deed ClassI,II is not applicable rather nature and source of property matters.
If the property is self acquired/earned/absolute in the hands of Hindu woman the 1st right is of her husband (if alive as on date of death) and sons, daughters…………
If property is acquired from husband side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of husband..
If property is acquired from parents side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of father..
Kumar Doab (FIN) 15 July 2018
The nature of the property that devolves by inheritance, WILL, Gift is self acquired.
If the property was self earned/acquired in the hands of your grandfather and IT devolved upon your father as above then you may have NO forced share in IT.
The money paid by you to your father is your personal matter and try to resolve amicably and your father may agree to give you share/higher share.
If he agrees get proper/valid/registered deed signed e.g; gift deed, settlement deed etc and update mutations records.
In case of dispute your father may claim that the money sent by you was to maintain the aged parents, as moral responsibility.
You may approach a very able LOCAL senior counsel of unshakable repute and integrity specializing in civil matters and well versed with LOCAL applicable rules/laws and having successful track record…. and worth his/her salt…….to help you to draft a valid deed from your father (if he agrees) with proper narration to defend your long term interest.................and also for considered opinion on facts/details/record with you.
Check for such counsel at LOCAL rent control tribunal, Civil Courts, HC, SC..
Bilu 15 July 2018
i am Hindu , i have one sister only . sold Property is Agriculture ( Self Aquired ). they will plan sell one Home ,which land get from Grand father self Aquired & building construction all cost from Me. My Grand father not will anything. In West Bengal.
Kumar Doab (FIN) 15 July 2018
Ask politely your father to give you the money paid by you or share as per your investment.
Get registered deed as already suggested, amicably.
Or visit a LOCAL counsel if you intend to litigate..and undersdtand options and merits if any.
Bilu 15 July 2018
Thank you sir.