sai prakash A (business) 03 March 2012

Property divide

Dear Sir,

My query as below.

My Grandmother has 3 children.

2 sons and 1 daughter. My Grand Mother got some property from her father. She gave the 1/3 of property to her daughter in1988 and rested of property is not devided to her sons.

She died two years back and she was staying with my uncle until her death.

She also has some gold ornaments and some bank deposits.

Now after death, my uncle is not dividing the property among the brothers, he saying that he will go to court when he needed that property.

Please suggest how we can proceed ? Is there any possibility that My grandmother gave the rest of property to her son at the time of her death ?

She was illiterate.

Regards,

Sai Prakash A

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2 Replies

adv. rajeev ( rajoo ) (practicing advocate) 03 March 2012

Your father has to file a sui for partition and seperate possession.

Ambika Prasad Mishra (Lawyer) 03 March 2012

As it appears from your narration that it is not within your knowledge as to whether your grandmother has executed any Will in favour of her Son or not. However, you have not made it clear as to whether you are the son of the daughter of your grandmother or son of your grandmother. I am proceeding on the assumption that you are the born through the son of your grandmother.

Now coming to the point if no such Will has been executed then the property devolves on all her sons and daughters in equal shares and your father can file a suit for partition. Here I would like to clarify that a person is illeterate does not mean that he/she cannot make a Will.

And yes if there is any Will left by your grandmother, then the Will needs to be probated before anyone can claim any right under it. However, it is not always mandatory to get the will probated, as it depends on the place where the Will has been executed. Its better you can consult a local lawyer in this regard as to whether getting the Will probated is mandatory in your locality or not.....