grandson right of grandfather property

Dear Subhash,

You say that your grand father constructed a house.  That means the house would have been in his name. Right?  You also say that your grand father did not leave any WILL.  If so, the property will go to all the legal heirs of your grand father i.e. your grand mother, his two sons and one daughter in equal share.

But you say that your grand mother gifted this property to your uncle.  DO YOU MEAN TO SAY THAT even though the property was constructed by your grand father, the house was in the name of your Grand Mother?

Please clarify this position.  Only thereafter it will be possible to give a proper view.

Thanks Sir for response,

This property constructed by grand father also earned by father but this property is in the name of grand mother, Now grand mother gifted this property to my uncle, So can i claim from this property. I have posseison in this house, also i living this house since ten years.

Dear Mr. Subhash,

Since the property is in the name of your grand mother (no matter who funded it), she is the absolute owner of the same.  Being an absolute owner of the property, your grand mother has every right to dispose of the property in any manner that she likes it.  She can gift it to any body (even to a stranger), give it through Will to anybody etc.  For doing such thing she need not consult anybody including her own husband (i.e. your grand father - if he had been alive) leave alone your father and bua.  No one can claim any share / right in the said property.

The only way in which you can challenge the gift is by alleging that your uncle had played fraud, coercion, undue influence, pressure etc., on your grand mother.  But you have to prove it.  Since your grand mother is alive and if she comes to the court and says that no fraud was played, nor there was any pressure, coercion etc., brought on her and that she gifted the property with her own free will and volition, then you cannot do anything.

Similarly, having already come to know that there exists a Gift Deed, if you do not challenge it within limitation, thereafter you cannot challenge it at all.  Just because you are in possession will not give you any right to claim a share in the property.

my grandfather died without a will leaving self acquired house,and 3 sons and 2 daughters.he left widow also but she died too without any will.

his eldest son, my father, died recently without any will. but it has come to my notice that he transferred his shre to his younger brother in 2008 in presence of my brother and sister,transfer was thro' poa in his favour.i was never consulted for this.can i claim my share in the leftout house which is occupied by my uncle family. i heard that it is registered in their name now. in fact that house was made as a family house,contributed all members.

also my father had an adjoining house in his name.and that too is said to be gifted to one member of unclefamily.it was also done at the same time, but without my presence and knowledge.

all came to my knowledge only after recent death of my father . when i asked the occupiers to vacate my share they say it is all theirs now and i have no right there. i live in other state, and dont have any house in my name and want to go to my that house as i have retired now.

there r different legal opinions.somesay u can claim ur share  after 2005 amendment.

sir, what is ur expert views. should i claim or not,, under which act section my lawer file the suit.

will it b helpful,how much time it will take. regds and thanks ,  awaiting quick reply