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brindha devi (house wife)     18 June 2012

Grandfather property

my maternal grandfather gave settlement deed of his property to his sons and too my grandfather requested the sons to give some amount to his daughter at the time of settlement they accepted but now they are refusing to give..now they planned to modify the old house and to build a new one in that property..now my mother didnt get anything so as a grandson or daughter is eligilble to cliam this property and or to get stay order not to build the house?



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 2 Replies

Adv Archana Deshmukh (Practicing Advocate)     18 June 2012

Ask your mother to file a suit for partition.

Sandeep (Software Engineer)     18 June 2012

Dear Sir/Madam,

The property is in the name of my Grand Mother (Paternal Side/Father's Mother). We have built a house on the first floor of the said property, where we are living. Part of the ground floor was built by my father (First Son). My late grandfather has spent money on building remaining part of the ground floor.  Ground floor is occupied by the last son (uncle) and Grand Mother. Our uncle has brainwashed my grandmother who is still alive and she has started saying that she is not ready to give our share of the property, i.e. the first floor. She has started saying that we have to be residing in the property till she is alive or till the day my father is alive (First Son). Our Grand Mother has clearly declared that she will not either spare with money or the property to us. Our Grand Mother says that she would pay us the money we had spent on construction, i.e. 1.5 to 2 lakhs, that too she intends to fixed deposit the money and pay us with interest after her demise. We are not ready to accept anything other than the property. Recently we are in the knowledge of a will made by our grandmother but we don’t know the contents of the will, we even don’t know whether the will is registered or not. The plot was gifted to my grandmother by her father; the construction was done by my grandfather and my father (Son).  Their intention is to take the complete property in their name without compensating us.

How to get our share of the property/retain the first floor of the property. We are ready to pay and buy the whole property, for which they don’t agree.  There are totally 3 sons, 1 daughter and my grandmother who holds a share in the property. 

Please advice.

Thx,

Sandeep


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