Aditi (N/A) 06 November 2011

Property inheritance

Dear Forum Members,

I need your valuable feedback on the below situation.

My dad had the immovable property in his name. Its not an inherited property from my grandparents, it was bought after my fathers marriage with his own money. My grand father had prepared a WILL for my father stating that "all his properties belongs to his son(ie., my father) and the daughters (ie., my aunts) are settled thru marriage and dowry. Thus they have no rights on my grandparents property".

But my father passed away a decade before, leaving behind his wife, daughters and both parents. My grand father and grand mother also passed away few years after my fathers death. My grandparents did not prepare any WILL after my father's death. If i'm not wrong, the earlier WILL becomes VOID after my father's death, and my grandparents would have got an equal share from my father property if they are alive.

Now the question is, who can be the true successor of my father's property? Is it only my mother and I? or my aunts do also have rights on my father's property? Is it possible for my aunt to claim the property thru any hidden WILL's If at all made during my grandparents presence?

Is there a way to figureout the existance of such WILL's? Or is it possible that my aunt might have received a share of my grandparents thru gift?

Plz advice how can i findout the legal issues on our property from such intruders.

Thanks for any help.

-Aditi

Reply Follow

7 Replies

sridhar pasumarthy (ADVOCATE) 07 November 2011

Dear Aditi,

It is true that as your father predeceased his father, the will executed by your grandfather became null and void.

Where as with respect to self aquired property of your father, if your father died intestate(without executing any will), your grandmother will get get equal share in the said property along with your mother and the children of your father.

Here data is required as to who died earlier whether your grandfather or grandmother.

Anyhow, if your grandmother died intestate, your aunts will get share in the property succeeded by her from your father. So also, if your grandmother executed any gift deed to your aunt/aunts.

If a will is registered, you get a certified copy of the same from sub-registrar office on producing the death certificate of your father.

If your father has registered an unregistered will, you can't know until it is disclosed by your aunt.

Give a notice to your aunt to disclose a copy of will, if she really is in possession of such a will.

adv. rajeev ( rajoo ) (practicing advocate) 07 November 2011

Your mother, you , your brothers and sisters are the only legal heirs fo the property of your father's

sridhar pasumarthy (ADVOCATE) 07 November 2011

Rajeev Sir,

When the father predeceased his mother intestate, doesn't her mother get a share in the property of his son, being a 1st class legal heir? pls explain

Rajeev Kumar (Lawyer/Advocate) 07 November 2011

The aunt have no right in your grandfather as they are settled. But a will can be revoked during the lifetime of maker.It is now upon your grandfather whether he want to revoke the will or not. If the will is not revoked then your mother is the successor of inherited property and no one has the right of share of your father property which was purchased by him on his money.since it is his self acquired property. So you need not be afraid of intruders to get share in your father property. If they will sue they will not succeed.

Aditi (N/A) 07 November 2011

Thanks all, for your valuable information.

To clarify the case:

My father expired first. My grandmother second. And then my grandfather.

I will try to apply for a copy of WILL thru sub-registrar office(to know if there exist any..). Rather than following thru legal means(by sending notice), i would like to understand the other ways possible.

How long the WILL is valid after the death of the executor, if not registered by the beneficiary?

Thanks!