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tejinder sethi   21 April 2024

Property transferred without consent of legal heirs

My father died and the self acquired property of my father was gifted by my mother to her grandson. I am not sure if there is a will or not. It has been 5 years since my father died but till date no copy will is shared with me. When I asked her she says it is not there. She says it was your father's wish to give the property to the grandson.

I presume the property may have been transferred to my mother by way of nomination. But does that give her the right to gift to her grandson without the consent of her class 1 legal heirs.

How to be sure if there is a will or not. 

Now if there is no will then will the gift deed become null. Do I have to send a legal notice to my mother and her grandson for claim in the property. Please advise 


 13 Replies

Siddhi   21 April 2024

Merely on the basis of property of your father can't be transferred or sold legally. Why mother is not sharing actual details with you?

T. Kalaiselvan, Advocate (Advocate)     21 April 2024

You have asked the same question in a different thread today itself in a different manner, however the answer is same that your father's properties shall devolve equally on all his legal heirs.

tejinder sethi   21 April 2024

Thanks for your advice. Now what is the remedy for mother not sharing the information about will.

T. Kalaiselvan, Advocate (Advocate)     21 April 2024

The father's oral wish cannot be a Will.

Why do you unnecessarily wait for the Will or any other documentary evidences 

Since you are one of the legal heirs to your father, you can proceed with a suit for partition without your mother's consent or NOC,

you have all rights over your share in that property, hence don't waste your time by freqeuntly visting such forums instead contact a local advocate and file the suit as suggested 

2 Like

kavksatyanarayana (subregistrar/supdt.(retired))     21 April 2024

You can file a partition suit in the local court.

1 Like

Dr. J C Vashista (Advocate )     22 April 2024

File a suit for partition through a local prudent lawyer without waiting for some testamentary document, if any.

1 Like

tejinder sethi   23 April 2024

What about the gift deed which is already executed 

T. Kalaiselvan, Advocate (Advocate)     25 April 2024

You are worried about your rights hence don't take the gift deed executed already into consideration. 

You can concentrate on the partition and separate possession of your rightful share in the property. 

P. Venu (Advocate)     25 April 2024

The posting suggests deeper issues. Please post complete facts.

Who are the legal heirs? In other words, how many are your siblings? Are all of them alive? If not, who are their legal heirs?

Who is this "grandson"? Is he your own son?


tejinder sethi   25 April 2024

We are 3 sisters and one brother. The grandson is the son of my brother. All the siblings are alive 

P. Venu (Advocate)     25 April 2024

As already suggested, you file a suit for partition with all the other legal heirs as defendants. In the course of the proceedings you may need to implead the said grandson as an additional defendant, if the pleadings in the written statement so warrant.

tejinder sethi   25 April 2024

Thanks. To prove legal heir what is the procedure?

P. Venu (Advocate)     26 April 2024

Pleadings are sufficient to take care of this aspect.

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