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Charith   01 September 2016

Property aquisition

Hi sir,

My grand father has 2 wives and 1st wife is my grandmother, she had my dad, my dad’s younger brother and one sister, my dad is the elder one. grandpa's 2nd wife has one son.
My both grand mothers expired in 1970’s and then my grand father has divided the property equally between his 3 sons(my aunty is married by that time and have the property division documents) and the other grand mother son has been living separately from then.
Now, I am the only son to my father and my father’s younger brother is not having any kids and we are living all together(but we are having 2 different ration cards) and the other grand mother son is having 3 sons.
Now I want to know if the my grand father's second wife son- son's have any rights on my father’s younger properties(some properties are inherited, some are self occupied)?

If my father's brother makes a WILL on my name or my kids name will my grand father's second wife son- son's challege me?



 7 Replies

Sandhya Srinivas (Advocate & Legal consultant)     01 September 2016

Dear Charith, As per your query, when the properties were equally divided by your grand father and your father and uncles have got registered documents of the same, those properties will be their absolute properties. They have got absolute right to bequeath their properties to anyone. If your uncle who is not having any issue dies intestate then it devolves upon his successors. Consult an advocate with documents.

Charith   01 September 2016

Thank you Sandhya Srinivas  for your quick reply..

I got one more question..I understand I will be class 2 heir (sibling son of my uncle who is not having any kids)..will the other persons(my grad father second wife son-sons) will be successors because grand mother is different?

Sandhya Srinivas (Advocate & Legal consultant)     02 September 2016

Yes. The children even if they are legitimate or illegitimate, they get equal share when property devolves upon successors. In cases where second marriage is illegal, then second wife is not entitled for share in properties, but her children will get share.

Charith   02 September 2016

Today I got to know that My father and my fathre's younger brother has done a " release deed on property" with the my grand father's second wife son in 1976. In this case will my grand father's second wife son- son's eligible to get share of my father's youger brother who is not having any kids?


Also, I would like to know what is the best way to transfer property on my name or my kids name from my father's youger brother who is not having any kids.


Thank you so much!!

Sandhya Srinivas (Advocate & Legal consultant)     03 September 2016

Dear Charith,

As I mentioned in my earlier reply, if your uncle dies intestate then properties devolve upon successors.

Best way to transfer property is by way of Registered GIFT DEED during your uncle's life time. 

otherwise by way of will.



Charith   04 September 2016

Thank you for valuable suggestions..we will have a will and registered Thank you somuch

Charith   20 September 2016

you are saying even if we have a  " release deed on property" other uncle's sons are eligible to get share..then what is the point to have this release deed?

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