Anoop K (Marketing Mgr) 19 May 2014

Ancesstral property

Respected Lawyers and friends,

My father inherited my grandfathers property, by will, which was supposed to be divided equally between him and his younger brother. Since the younger brother did not want the property, they settled the property amidst themselves for an amount, and my father is in possession of a release agreement signed by his younger brother. However, in my grandfathers will, it also states that my grandmother (who is currently about 90), would have the right to enjoy the privileges of the property, until her death.

However, right now, my father plans to develop the property with a partly commercial, and partly residential complex. Is he entitled to do it?

Let me know your thoughts!

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3 Replies

adv. rajeev ( rajoo ) (practicing advocate) 20 May 2014

Yes he can do so.

Anoop K (Marketing Mgr) 20 May 2014

Dear Advocate Rajeev, Thanks for your response, and I appreciate you, taking the time for it. However, my only question is, when my grandfather has written specifically that my grandmother "is entitled to enjoy the benefits of the property while she is alive", would it be right for my father to develop the property, with the purpose of sale?

Ram (Sr Manager) 20 May 2014

My father has 2 sons and 2 daughter with one wife. He was died in 2005 and property in chennai was not divided, having 2 individual house and one house join property with my mother.

One house given to one sister, and another house my father made settlement to my another sister

Now we have Joint property of 2400 SQFT are with house and shop.

In the another half of the father property is about 1800 sqft house is there.

My mother is live and getting the rent of all Rs 25000/- per month and not given to any one so far to any one but my Brother his living in one portion. Iam living outside in Dubai.

Presently my brother is Claiming all the balance property and asking the all rent to my mother fighting each other, till now i have not taken benifit from the property / rent.

I am younger son and I want to claim the rent and property to be divided for what I have to do , how to fill the case , the property value would be around 3.00 Crores. how much I have to pay the court fees. In future no us should claim the rent has to deposit in Court until dispute resolve what I have to do

Since I am in Dubai whether I can make a suit in chennai HC

Please give your expert opinion