(Guest)

Property share rights for a mother with his expired son

Hi friends,

My father has been expired before a few years. After his death, myself, my mother and his mother became the legal heirs. Before 2 yrs, my fathers mother (my grandma) filed a suite upon my mother and me to give her a share of my fathers property which has been partitioned by our grandpa in the year 1989.

The problem is that, a property is on common and equal rights for my father and my fathers brother. My grandma asked for a share with an idea to give it my fathers brother. Now, my grandma is expired. So, what should we need to do? Do we have to provide the 1 share of our property to my grandma's legal heirs - her sons and daughters? What shall we do to proceed this? We are not utilising this property but my fathers brother uses it.

We want to use it. So we are ready to move either way, give a share to her or not? OR any other way to make use of this property as per our rights?

Somebody please make me clear. I want your help here.

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4 Replies

R.Ramachandran (Advocate) 23 July 2010

Once the property has been partitioned by your Grandfather between his sons [i.e. your father and your father's brother], there is no need to give any share to your grandmother [i.e. your father's mother].

Now that even your Grandmother has died, this question of giving any share to her does not arise. The partition of the property done by your grand father would stand good.

You and your mother being the legal heirs of your deceased father, you can enjoy the property without any trouble from anyone. Even if any claims any share, legally you will be able to successfully resist such attempts.

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(Guest)

Dear sir,

But, i am sorry , i forgot to give this on the post. The property is partitioned by our grandfather as a GIFT SETTLEMENT. What in this case? Our lawyer says that we have to give a share and its definite.

I am not sure why he says like this?

Thanks,

Indhumathi.

Balakumar.S (Self-employed) 05 August 2010

Madam,

Your grandamma is one of the 1st class legal heir to your deceased father. As such she is entitled to equal share along with your mother and yourself even though partition took place between your father, paternal uncle and your grandfather and properties were allotted to them separately. If your father had executed any settlement subsequent to the partition between himself, his brother and their father the settlee alone is entitled and in such case your grandamma is not entitled to any share.

Joseph Gubert (Assistant Professor) 15 March 2012

Hi Friends

My father has been expired before a few years. After his death, myself, I have 3 elder brother and 3 elder sisters and my mother are living. But all my brother and sister were settled in their life. One of my sisters was settled and no contact with us because of love marriage and one of my brothers and another sister are in abroad. My mom wants to give her house and change her property to my name... Is their possible and how she will do by legal? This is my email address joseph_gubert@yahoo.co.in. Somebody please make me clear. I want your help here.