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ABHISHEK SHUKLA (Analyst)     05 January 2014

Property distribution if land bought on grandmother

We have a few lands which my father bought on my grandmother's name as he is the only son (and have two sisters). After buying my father gradually made houses on those lands in 20 - 30 years. Now due to some family problem, my grandmother went to live with her daughters for a week whom we suspect can play foul game for those properties ownings which is still in name of my grandmother although bought and made up by my father. My questions are: 

1. If she will unfortunately die without a will, the whole property be divided into my father and her sisters equally? 

2. This is not ancestral property as its bought by my father and is on the name of my grandmother, will it fall under law to be divided into all sons and daughters of my grandmother? 

3. The money to buy those properties (bought after marriage of my both aunts) was shared by both my grandmother and mainly my father but he bought those on his mother's name. so how it should be claimed by my father only? 

4. What is the best solution to get rid in this situation as my father doesn't want to lose his properties which he rose from nothing and made with his hard work in 20-30 years to the people who did nothing with it but may play foul game to eat their share? And my grandmother is being influenced by my father's in-laws who are taking complete advantage of our family problem to get properties from her.

Additional Details

This Property is in Uttar Pradesh (India).



 2 Replies

adv.raghavan (Advocate,9444674980)     05 January 2014

According to Hindu succession act, your GRANDMA has become owner of all the properties, , she can do what ever she wants, this is the hard truth.As far as this case is concerned, since  she is alive your father can insist her to do SETTLEMENT DEED OR WILL of those  properties,which he (FATHER) had earned and got registered in your grand mothers name. That is the only option left now, If she dies intestate as you said it will divided among all legal heirs, and if she decides to settle in other name in the form of WILL, will jeopardize your situation further.

T. Kalaiselvan, Advocate (Advocate)     05 January 2014

Your father's blunder mistake was buying the property on your grandmother's name. It becomes a woman's exclusive property over which she has got absolute and exclusive rights, empowering her to dispose the properties in any manner and to any one.  She can even execute a Will and bequeath  the entire property on any individual's name and favor, the law cannot forbid her from doing so.  Instead of looking for legal solutions, look for a solution within the family by everyone sitting together and decide about the course of action to be taken on this through family settlement.


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