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Yashpal Singh (-)     31 August 2014

Mothers rights after son demise when younger son alive

My father has his owned a self acquired property of an Industrial Plot.

He left behind four married daughters with no Son, Wife and his old widow Mother (my Grandmother).

My father has one married younger Brother; living separately with his family after Legal Division of Property by his father (my Grandfather).

My Grandmother is getting a good pension, living with my mother - father's home; under supervision of my elder married Sister financially as well, who is Government Nurse.

My Grandmother never gives her her pension nor my mother ask for it in any domestic expenses, my mother do not have any certain income.

My Grandmother is claiming Property Rights in my father's self acquired property on the Grounds that her money is also invested in the Property - She gave money to my father.

The fact file is that my father didn't took any such loan from his parents but he got her four sisters and brother married by taking frequent loans.

We are afraid that my Grandmother is claiming her share in my father's self acquired property. Her legal heirs will be her daughters and son after her death which will bring more Legal Complicacy in my father's property.

Can we prove that my Grandmother is not dependent of my father due to her husband Pension, when she already having second son alive...?

How we could avoid that situation...? 



Learning

 6 Replies

Adv Archana Deshmukh (Practicing Advocate)     31 August 2014

Your father's mother is one of the legal heirs of your father in her own capacity, and she does not need to have any other reason like she had invested money in his property or was dependent upon him to claim a share in his property. As she is a legal heir of your father along with his wife and children, she can claim her share even if she is getting a pension.

1 Like

laxmi kant joshi (instructor)     31 August 2014

Its o.k.yours grandmother is getting pension and not depend upon anyone but according to the law she is a legal heir of your deceased father hence she is entitled 1/6 share f

laxmi kant joshi (instructor)     31 August 2014

Its o.k your grandmother is getting pension and not depend upon anyone but according to the law she is a legal heir of your deceased father hence she is entitled for 1/6 share from your father's entire properties .
1 Like

Kumar Doab (FIN)     31 August 2014

It is believed that the deceased owner was Hindu and Hindu succession laws shall apply and deceased left no WILL.

The situation seems to as per your post:; as simple as that::::::

 

----The grandfathers property was partitioned amongst two sons; your father, your paternal uncle.

After partition the status of the property should change to self acquired.

----Your father had self acquired properties and has died without leaving any WILL.

The Class legal heirs of your father are: Mother, spouse, children and all shall share his property equally.

 Since ClassI legal heir are present your uncle has no right in property of your father.

Your grandmother does not need to prove that she invested in property of your father and she is free to give away her share in her life time to anyone by Gift/sale/relinquishment/…………………………..deed etc.

Visit a local lawyer with copies of ownership detail of properties of your grandfather, partition deed, self acquired properties of your father ( e.g. agriculture land, non agriculture land, house etc, death certificate of your father/date of death hence date on which succession opened)  etc and seek guidance in person.

 

If your lawyer that has examined the docs and merits in your case opines that there are no merits in your contentions then do not complicate the matter and rather buy the share of grandmother by a valid sale deed under expert guidance of your lawyer dealing in such/revenue/civil matters.

1 Like

Yashpal Singh (-)     01 September 2014

Thank you so much for the advice...

My Grandfather has his owned self acquired property, had legal division between his two son by a registered will for his two residential houses.

My father has his owned self acquired Property of an Industrial Plot Separately.

In the above situation the rest of my Grandfather's family is using my Grandmother & filed a Partition Shoot with stay application to spoil my fathers property - due to we don have any brother.

The stay application was rejected.

Before that last year we four sisters & my mother made a Partnership Deed in that Industrial Plot - is rented to third party for domestic expenses.

After the demise of my father; can the pending lease deed of industrial plot could be transferred on the Grounds of mere Partnership Deed overriding the cause due to the legal heirs.

Yashpal Singh (-)     07 September 2014

Also, I was Neetu Singh Wife of Yash... Thank you...


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