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maddy (jj)     05 January 2014

Granddaughter's right on grandfather's property

Hello Experts,

I am asking this question on behalf of my mother.

My mother has one brother and one sister

My mother's grandfather deceased and left his self acquired property without any will.

Her father also deceased and transferred the property to his son only and this has been done legally in the court. He did not mention the name of my mother and sister in his will and did not even took their consent on this.

Now my question is does my mother and her sister has any right on this property or not ?

If yes then how we can proceed further legally.Please suggest and advice.

Thanks in advance.



Learning

 14 Replies

Dr J C Vashista (Advocate)     05 January 2014

1. Where from the grandafather of your mother get the property, if ancestral, situation is different to when it is purchased/gifted or self acquired.

2. However, your father can write, execute his will for his share, if ancestral.

3. Engage a local lawyer

adv.raghavan (Advocate,9444674980)     05 January 2014

since your grandfather (mother side) acquired the property from his father, correct if i am wrong, he does not have any siblings, and being the sole legal heir, he can settle his property according to his wish. I do not think you people have any case.

maddy (jj)     05 January 2014

Hello Sir,

Its self acquired property of grandfather.And it automatically came to father after he deceased and he (father) executed his will in my brothers favour legally.

Still can we file a case if yes what are our chances to win the case.

laxmi kant joshi (instructor)     05 January 2014

Your grandfather was the sole legal heir of his father only then he get transfered the whole property in his name, now he was owner of the property , he had full right to transfer his property to his own wish , he get transfered his property to your maternal uncle (mama) by making a will in favour of him , now your mother cannot claim any right over it .

maddy (jj)     05 January 2014

Hello Laxmi kant,

It was self acquired property of grandfather and he died intestate now in this case can still father gift the whole property to his son.

Please clarify

T. Kalaiselvan, Advocate (Advocate)     06 January 2014

Your mother's father inherited his father's self acquired property as a sole legal heir to his deceased father (?), If this is right, then your mother's father becomes an absolute owner of the so inherited properties and has has full rights to dispose it in the manner he desires or thinks fit.  So his action of settling/transferring the properties in favor of his son by a gift deed or settlement deed cannot be questioned by your mother or any one, thereby it confirms that your mother or any one do not have any right over your grandfather's self acquired property which subsequently devolved upon your father.

maddy (jj)     06 January 2014

My mothers grandfather had 4 sons.He has self acquired property.He died in 1960 without writing any will.

Now back in 2010 they filed a memorandum of family settlement and during this time only my mothers father was alive out of 4 sons.

My mothers father have one son and two daughters

Property was divided equally in 4 shares assuming one share for each son.As other sons were not alive so it got distributed among their children s. Mothers father deceased before the decision of court came.

Mothers father executed his registered will in favor of my mothers brother without mentioning or giving any share to my mother and her sister.

So now my mother and her sister can claim share in their fathers portion which he has given to his only son.

I believe i have provided all the details to the best of my knowledge.

Dr J C Vashista (Advocate)     06 January 2014

Madam,

I think we spoke on mobile twice on this issue, please stop this thread and act fast 


(Guest)

I endorse Dr.Vasishta. Do as he guided

Mohamed Shakeel (Proprietor)     07 January 2014

Sir, I would like to ask the following questions; Dear Maddy, was your grand father of sound mind when he executed it in favor of your uncle? Was he under any kind of treatment for memory loss? How old was he?. Cant we take a contention that an undue influence was made by your uncle. Will your aunty join hands with your mother?

rakesh (student)     10 January 2014

hello sir/madam i have a question regarding property distribution:

family of 7 member....

mother n father

1 son and 4 daughters... 

parents died and also one daughter died and tat daughter who died has children and grandchildren....

now my question is, how is d property partitioned for d remaining 3 daughters n 1 son.

is there anything like d partitioned property should go to children of  that one daughter who passed away.  
and plz let me know how it should be partitioned among the four????? 

 

thanking you...

Dr J C Vashista (Advocate)     11 January 2014

Better to stop the thread

Rutumbhara Nayak (lawyer)     16 January 2014

Dear Maddy- Section 8 of the Hindu Succession Act, lays down the general rules of succession in the case of males. It states that the property of a male Hindu dying intestate shall devolve firstly, upon the heirs, being the relatives specified in class I of the Schedule. The Class I heirs include the Son, daughter, widow, mother and so on. As per the facts stated by you, your grand father transferred the property to his son only and this has been done legally in the court. He did not mention the name of my mother and sister in his will and did not even took their consent on this regard.Your grandfather was the sole legal heir of his property only he can transfer the whole property to whose name he wishes, he has transfered the property to your uncle by making a will in his favour , now he is the owner of the property ,now your mother cannot claim any right over it even if it is without their consent. Rutumbhara www.lawkonect.com 09555 507 507


(Guest)

Mr.Nayak ji I wish to bring your notice few things.Mr.Maddy had posted the same in Experts as well as Forum Columns.Mr.Maddy's  grandfather is not the only son to his father.He has three brothers. The court had given the partition orders only some where in 2011  For the maddy's father and three brothers..Maddy's uncle had took away all the share of his father ignoring his mother and two sisters.Maddy's grand father's will would entitle his uncle only to the proportion of his uncle's share and his father's share only that is 50% and balace 50% to be shared by the two sisters.


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