vish_bg_kar_in (Eng) 25 December 2015

Grandmother property query

Hi,

Need help on below query.

1.) 4 houses(P1 to P4) and 8 acres of framland(P5) belonging to my great grandfather (ggf)

2.) 'ggf' wrote a will for above properties (P1 to P5) to be given to my grandmother (gm) and her children (no names specified in will just 'gm name & children')

3.) based on this will all properties P1 to P5 were transfered/registered in gm name.upon ggf death

4.) between 1995 till date properties p1 to p4 were sold off by sons of 'gm' when 'gm' was alive and daughters were not even aware of this (as they reside in other cities)

5.) property P5 has not been sold it is still in gm name

6.) gm has expired in 2010 and has written a will that P5 should go to her sons only

Query:

1.) Based on the 'ggf' will daughters of gm also have right on P1 to P5 even though the properties are registered in 'gm' name...is this correct?

2.) the act of sons of 'gm'...selling off P1 to P4 when 'gm' was alive without consent of daughters of 'gm'...is the sale of P1 to P4 legitimate?

3.) can daughters of 'gm' approach court to cancel the sale of P1 to P4 since they have right on them as per will of 'ggf' ?

3.) can 'gm' write a will on P5 to only her sons though 'ggf' will has clearly mentioned P1 to P5 should go to 'gm' & children?

Thanks,

Reply Follow

4 Replies

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate) 25 December 2015

1) Whether gm is daughter or daughter in la of ggf.

2) What was the age of the sons and daughters when sold.

3) How many daughters with age.

4) When was the marriage of daughter performed.

5) The purpose of selling the properties.

6) The recital of the will.

7) Unless the case is examined in toto, with the given information, it is not proper to respond.

vish_bg_kar_in (Eng) 26 December 2015

1. 'gm' is daughter of 'ggf'

2. all sons and daughters of 'gm' majors...me grandson of 'gm' also a major when P1 to P4 were sold off (my mother is eldest daughter of 'gm' family)

3. gm family of 13...6 sons and 7 daughters to 'gm'

4. my mother (daughter of 'gm') was married off when 'ggf' was still alive....'ggf' passed away when i was 15yrs.

5. I dont understand the relevence? if this is regards to clear off any loan on property ...then No....this property was sold off to start new business by sons of 'gm'

6. it is very simple and standard will...P1 to P5 listed down with schedule and statement made that properties P1 to P5 should be enjoyed by 'gm' & her children without any restrictions.

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate) 26 December 2015

1) Still the information is inadequate.

2) Dates/ Years of death of those expired, Dates of marriage of daughter, the ages of minor children when the properties were sold etc. unknown.

3) The proceeds of property sold is utilised for further business, whether such business now exists and continuing.

4) In the absence of any court order, the interest of the minors in the property cannot be reliquinshed or taken away by grand mother even for the benefit of minors which is absent.

5) However based on the information given, the following can be inferred.

6) Since the will as stated conveys the wish of great grandfather, only as guardian of the property to be passed on to the great grand sons ie yourself and others, the interest of minors still lies, who within 3 years on attaining majority has to challenge.

7) The leftover landed property after the death of your grandmother cannot be passed on to only one son alienating the shares of other the then minors who had interest.

8) Sine intricacies are involved better discuss with a local property law expert advocate with full facts, to examine to file partition suit as well declaratory suit for the property already otherwise sold or transferred.

vish_bg_kar_in (Eng) 26 December 2015

thank you sir for you valuable time and advice. Will take it up with a local lawyer. This advice will certainly help me during dicussions with lawyer.