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Guest (n/a)     03 June 2009

Query over property

My father died in November 2006. He is survived by my mother, my sister and me. However I was advised to include my grandmother also as his legal heir. So, alongwith me, my mother and my sister, my grandmother is also a legal heir of my father. Naturally, on all of my father's real estate propertries, i.e. plots, a farm and a house, my grandmother is also one of the owners (alongwith my sister, mother and myself). I want to know whether after my grandmother's death, would my uncles' name will be added to those real estate properties that were originally owned by my late father, and now jointly by me, my sister, mother and grandmother? Naturally my uncles will be the legal heirs of my grandmother after her death. If their names will actually be added, please advise me what should I do to avoid that. All my uncles are well-to-do and have no interest in my late father's real estate properties. Should I make my grandmother to prepare a will that will forbid any claim by my uncles on my late father's properties? Will it be legally binding on my uncles? If yes, what's the procedure for it? Please guide me, advocates. 


 6 Replies

sreedhar (advocate)     03 June 2009


First you make a family arrangement or partition deed between your family by giving one share to your grandma. Immediately you ask your grandmother to release her share to your mother by way of release deed.

Another way is, you divide the shares into three parts within your family leaving your grandmother and you include a clause in the partition deed stating that your grandmother is not interested in getting her share and to confirm the same she will be signing in the partiiton deed as a confirming party and get witness from your uncles in that document. It will be sufficient evidence for you in future.




adv. rajeev ( rajoo ) (practicing advocate)     03 June 2009

Shreedhar has rightly advised you.

Y V Vishweshwar Rao (Advocate )     03 June 2009

I agree with learned friends and add that

in the partition , you - yourself , sister , mother and Grand mother can execute and Register tyhe partition Deed in which your grand mother can release her share in your  favour for some cosnideration / by cahs or /other services to her .


you can also get a release Deed executed and Registered by Grand mother  in your names releasign her share in the proerty of your late  father, by this you , your sister and mother only  become joint owners of he your late father's proerty 


shyam (profession)     04 June 2009

sir i get an House for Lease for RS 250000/- at the time of negotiation owner did not told ony thing , now they telling that repairs of moter pump is uors responsibility in case of any problem. She did not signe the agreement till 2 months over and paper with her and we occupied the house. payment of lease amount is 100000 in cash and 150000 RS in cheque.

Uday (Lawyer)     30 June 2009

Dear Shravan, if the property had been purchased out of the funds of your father in his name, the present legal heirs are entitled for the shares. And on the demise of your Grand Mother you three people alone have the right over the property and your Uncles can't claim any right over the property.

G. ARAVINTHAN (Legal Consultant / Solicitor)     23 March 2010

How about the rights of your grand mother

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