FLAT 20% OFF and 3-Months ADDED Validity on All Courses Absolutely FREE! Enroll Now Use Code: INDIA20
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Tony (owner)     12 June 2014

Grandmothers property issue

hi there

first let me start from my grandmother who is still alive(she had 2 daughters,1 s my mum and 2 sons 1 passed away in 1995.couple of years back my grandmother has promised my mum that she wants to share the property among her 3 surviving children(this is her inherited property from my great grandfather through will)my only uncle has built a house on one side of this property.last year my mum passed away and now both my grandmother and my uncle dont want to give the share to me and my sis.we have not seen any land doc yet. do me and my sis have any rights on this property through our mum.will we both get a share if we move to court.

we are a hindu family

kind regards



Learning

 8 Replies

laxmi kant joshi (instructor)     12 June 2014

Tony as the property is in the name of your grandmother legally she is the sole owner of the property she have all rights over that , she can transfer her property totally as per her wish if she don't want to give you any share from her property then you cannot compel her to do it in your favour .

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     12 June 2014

clear will is absent issues regarding actual ownership and rights lead to conflict among brothers and sisters.

Tony (owner)     12 June 2014

so u all mean that my mum dont have any rights on this propery?

Kumar Doab (FIN)     12 June 2014

You have posted that” we have not seen any land doc yet.

 

You may obtain copies and discuss with your lawyer dealing in such/revenue matters.

T. Kalaiselvan, Advocate (Advocate)     14 June 2014

As per your statement, the property belong to your grandmother.  A property in the hands of women, let she acquire however, will remain her own absolute property with full rights to dispose the same in the manner and wish she desires so.  Therefore your mother is not entitled to a share in the property as a right, thereby you people do not have any right to claim your mother's share legally, but involving elders and other family members, you can ask for a share on the basis of  promise made to your mother during her life time.  Any legal actionin this regard will prove to be a futile exercise involving wastage of money, energy and time.

K.K.Ganguly (Advocate)     15 June 2014

1. Yur grandmother is the absolute owner of the said property,

 

2. She can give the property to any body she wants to,

 

3. You or your sister has no right on the said property.

Gupta (nil)     07 July 2014

As per Section 15 and 16 of the Hindu Succession Act, 1956  -  Female inherited property through her parents - She is the absolute owner of that property.

                    If that female will die in intestate (means died without writing WILL) then only the legal heirs of the female will get the share in the property of the female. 

 

                      As a children of pre-deceased heir, you  and your sister will get the  share of your MOTHER only when your GRANDMOTHER will die in intestate (died with out writing WILL)

 

        If there is any WILL , the property will be distributed as per the WILL (i.e., as per the wishes of your grandmother)

ramgopalpadala (Document Writer)     19 August 2014

Dear Tony,

After your Grandmother, you, your sister (Jointly) and your uncle, your aunt (mother's sister) and your deceased uncle legal heirs will get equal share in her property.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query