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randomethic (Professional)     29 August 2012

Property of grandfather

My maternal grandfather passed away of natural causes in March. He had created a will in 1995 and not amended it, which clearly defines the division of property after his death between his 3 daughters. As per this will:

 

1. He has clearly said that after his death his house will be owned by my grandmother and it is upto her how she would like to divide the property.

 

2. At the same time, he has also stated in the will that:

a. His eldest son is being removed from staking any claims on his property and not being given anything.

b. His younger son who passed away in 1986 was already given his share in the property when alive and therefore his survivors will have no claim in whatever my grandfather has left now.

c. He has clearly divided portions of the house between his 3 daughters.

 

My question is:

 

My eldest uncle is a very shrewd man well versed in law and does not think that the daughters should get anything at all in the property. While he and his wife did not take care of my grandfather in his last days, after his passing they are now staying in the house and pushing my grandmother to create a fresh will.

 

The 3 sisters (my mom and her two sisters) are open to dividing the property in 4 equal shares and give one share to the eldest brother. However, he is claiming that he will contest my grandfather's will if required as he wants the property all for himself.

 

If he manages to manipulate my grandmother into creating a fresh will (she is also in her 90s and not keeping good health) which excludes the daughters, can the daughters challenge the will in court? My uncle has not really taken care of his parents in his last days, he has been an alcoholic for many years which is why my grandfather excluded him from his will. He is also well to-do. On the other hand, both of my aunts could really use the money since they have financial constraints and it would be a good help.

 

The property is not ancestral as it was constructed by my grandfather himself in the 1950s/1960s and he returned the 1000Rs he borrowed from my great-grandad to construct the house.

 

What is the recourse for the sisters if the brother forces grandmom to sign over all the property to him? Will the law help them in any way? 



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 7 Replies

gopal (EX admin )     29 August 2012

HI Sir

we need some clarification for my grand dad property.

 

in my grand father son and daughter 7 member, my grand father death on last 32 years back, recent my grand mom all so death, my grand father property 9acr, we have divvied on  jan-12. now my mom she wants seal this properly, i and my brother we are not interest to seal this property, if any chance to seal without my signature. 

can you please help me on this  

sksksarma (advocate/lawyer)     29 August 2012

it is sefl acquired property of your grand father your uncle have no right or whatsoever to interfer with your grandmother's right as she became absolute owner of your grandfather's proeprty by virtue of his will she  can do what ever she wants or likes

Adv Archana Deshmukh (Practicing Advocate)     29 August 2012

Originally posted by : randomethic

My maternal grandfather passed away of natural causes in March. He had created a will in 1995 and not amended it, which clearly defines the division of property after his death between his 3 daughters. As per this will:

1. He has clearly said that after his death his house will be owned by my grandmother and it is upto her how she would like to divide the property.
 
2. At the same time, he has also stated in the will that:

a. His eldest son is being removed from staking any claims on his property and not being given anything.

b. His younger son who passed away in 1986 was already given his share in the property when alive and therefore his survivors will have no claim in whatever my grandfather has left now.

c. He has clearly divided portions of the house between his 3 daughters.
 

 

Your query is ambiguous . On one hand you say that the ownership of the property is given to your grandfather and on the other hand you say that he has divided the house amongst his 3 daughters. Is your grandmother given only a life interest? or she is given complete ownership with all power to dispose off the property as per her wish? Either the will itself is ambiguous or you are not aware of its contents. So go thru it first.  If the property is bequeathed to your grandmother then she can valid will and bequeath it to anyone she pleases.

Anish Thakur 7018812737 (advocate)     29 August 2012

respected randothemic,

as the property is self acquired property by your maternal grandfather therefore he was free to make any will and now he is dead so his will can not be amended so as per his will the share of property will go divide in all daughters or as written in his will, if your uncle get executed a will of your grand mother in his favour,your grandmother can only give her share as per will and can not make will of your grandfathers property as per law, still you can challenge will of grandmother of her share if you think that will is made in undue influence.feel free to call if you had left any query.

randomethic (Professional)     29 August 2012

Thanks for responding. The will says both things and is ambiguous in this regard that my grandfather has divided the house between the daughters but also said that my grandmother can make her own will as well and have ownership of the house after his death.

 

I have not read the document myself but that's what my mother has told me.

 

I only need to know that incase my uncle does end up convincing my grandmother to create a new will (the house is currently being transfered in grandmother's name with affidavit's being given by all aunts that they have no objection to such a transfer), will it be possible for them to challenge a new will created by my grandmother if it favors only my uncle especially since now daughters can claim share in parental property?

 

Would you advise that my mom and aunts not sign the affidavit of transfer to my grandmother to go with my grandfather's will? Will signing or not signing the affidavit have any bearing on transfering the house to my grandmother's name?

 

So far, my grandmother wants all of her children to be able to live in the house when they want after her death but that is obviously not a possibility since the daughters live in different cities and the uncle has put his own house on rent on pretext of taking care of my grandmother and moved into the house (both grandmom and grandpa have been looked after in their old age by my mother and her older sister in their old age, the uncle has briefly come and gone but not really taken care of them).

 

As far as uncle is concerned, he is well settled in Mumbai and is also only planning to live in the house so that he can claim it later not because he wants to keep it but so he can have it transfered to his name and sell it for the money it fetches. It is a big house and will fetch him crores to sell it off.

Anish Thakur 7018812737 (advocate)     29 August 2012

daughters claim in dwelling house is she can live there if she want to live in that house but daughters can not demand the partition and sale of the dwelling house,but if sons will proceed in this behalf then daughter can claim for it ,

randomethic (Professional)     29 August 2012

So if he continues to forcibly live there, with or without my grandmother naming him as the person inheriting the house in her will, then the sisters can not claim anything or even think of selling the house?

 

If my grandmother does not make a new will and he continues to stay in the house even after her death, do the sisters have any right then, to sell the house even if he's living there since it would belong to the three of them in that case?


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