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sarmad aftab (Mechanical Engineer)     27 July 2013

Property distribution

Hello everyone

I have a question my grandfather bought a constructed house some 30 years ago in bihar on my grandmothers name,since then my fathers family and my uncels family resides in the same house. my grandfather passed away in 2001 and since then the guardianship is very weak, my father are 2 brother and one sister, and the relationship between brothers and sister is not good.

I just wanted to know that is this possible that my grandmother gives the property to any one or any two leaving the remaining because my grandmother is always favouring my fathers big brother in all his deeds. so i am afraid that some day i come to know she has given all her property to the elder son leaving my father.

they have started some construction work but nor my uncle nor my grandmother involved my father into this.

please advice the suitable ways to handle the situation through legal procedures.



Learning

 1 Replies

AMIT (-)     27 July 2013

AS mentioned by you the property is your G M's name. So she has a right as mentioned in (2) below.

For your general info, I am sharing the below mentioned info.

1) If the property is in your G.F's name, then your G.M only has a share in it as do your father, his brother and sister. (The property will be distributed among them)

I2) f the property is in your G.M's name, then she can give it  any one she likes while she is alive by sale or Gift. Or She can bequeath it to any one individually or jointly by her will.

I3) f your G.M'. is a co-owner of the property, she can do everything as described in point (2) but for her share only.    As for your G.F's share, it will be distributed as mentioned in point (1).

4) The law applicable will be HSA for point (1) and ISA for point no. (2)

 

 


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