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Rajendra prasad   10 August 2023

Right on the property

My  fathers maternal grand mother has made registered settlement of property with the following conditions

1. Life interest to my grand father (fathers father) no right to sale / donate 

2. After the tenure of the my grand father, the property should go to my father and my father's elder brother with all rights including sale / donation.

My fathers elder brother has died without marriage before the death of my grand father. In this conditions his property share will go to my father or to my grand father ?

My grand father also died without making any documents

Now my sister is claiming the share on the property stating that the portion of my fathers elder brother go my grand father and she is having share on grand fathers property. 

Kindly advice me. 






 7 Replies

P. Venu (Advocate)     10 August 2023

Is it your sister or your father's sister?

Rajendra prasad   10 August 2023

My sister sir

Real Soul.... (LEGAL)     10 August 2023

Since your grandfather was alive when your uncle died that means his share goes back to your grandfather.

He has not made any will so the property being ancestral it will be divided among the legal heirs of your grandfather. Your sister has share in your granfathers property which is left over after deducting your fathers share as per will.

You must get an LR certificate from the tehsildar office showing progeny from your grandfather  so that the property is divided properly.

T. Kalaiselvan, Advocate (Advocate)     11 August 2023

Neither your sister nor you or any dependnt of your father has any share in the said properties.

Your grandfather's brother's share in the property devolved on your grandfather in the capacity of  successor in interest or the legal heir of his father's legal heir.

Now upon your grandfather's intestate death, that property will automatically fall on your father as his sucessor in interest to succeed to all his estates.

Therefore if you look at it from any angle  it becomes your father's self acquired, own and absolute property.



P. Venu (Advocate)     11 August 2023

Yes, the facts posted does not suggest that the rights  devolved upon the grandfather is ancestral and hence it is impossible that you or your sister has a vested right in the property settled by the grandmother.

Dr. J C Vashista (Advocate and Legal Consultant)     11 August 2023

Well advised by experts, nothing more.

Rajendra prasad   11 August 2023

Thank you sir

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