Sam-AdviseSeeker (-) 26 May 2015

Grandmother's property share

Hi,

My grandmother has 3 children (2 sons and 1 daughter). She has 10 cents of land with building in her name. She died last month. My grandfather is 86 years old diabetes patient. He is money minded and not kind to anyone. Not sure what right he has on the property. He may sell and waste the money. How to legally share grandmother's property to her childtern without grandfather's interference ?. Please advise.

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5 Replies

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING) 26 May 2015

U have equal share. Go for partition/ declaration suit

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saravanan s (legal advisor) 27 May 2015

your grand father has equal share in the property as his sons and daughters.he is a legal heir of your grandmother.you cant refuse to give his share

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Sam-AdviseSeeker (-) 27 May 2015

Thank you Mr. Patal and Mr.Saravanan.

Yes, we can provide a share for our grandfather. However, Is it mandatory that our grandfather has to agree for the partition ?.

As said, his mindset is to make money. He may also borrow money from local guys providing the property papers. So, just wanted to know whether his acceptance is mandatory to get the partition done ?. Because, he may not allow.

Thanks in advance

saravanan s (legal advisor) 28 May 2015

no need to get his consent for filing partition suit.you can file for getting your share

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T. Kalaiselvan, Advocate (Advocate) 02 June 2015

The other legal heirs of your grandmother should jointly file a partition suit against your grandfather immediately. Also since it is apprehended that your grandfather is likely to alienate the property, an injunction application restraining your grandfather from alienating or encumbering the property is to be filed along with the suit. This will take care of the safety of the property. He may not be able to sell the entire property.

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