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RG (SME)     24 April 2014

Share in property after parents death

Hi,

My grandparents were blessed with 3 sons and 2 daughters. Now my grandparents are no more and have left a house(under pagdi system) behind them. My grandfather is still the owner of this pagdi house. My grandfather hasn't left any will, but few verbal statement exchanged.

Few years back we had a family fight which was resolved later. One of my uncle was given some amount of share by my grandfather and had made a will that in future this uncle should not be given a single penny from his property.

During this fight one of my grandfathers daughter was with uncle, but my grandfather did mentioned that she should be paid from the gold he has left but nothing from any of his real estate property. Unfortunate this was a verbal statement know by all the other family members.

W.R.T the same I have few questions -

1 Can my aunty claim rights of ownership/shares on all of his fathers assets?

2 Can grandsons and granddaughters claim rights of ownership/share on their granfathers property? Can this be done irrespective of their parents being alive or dead?

3 My father was elder son and every one if the family knows that my grandfather had verbally said that the real estate property should be given to My Dad, again this was verbal but know to every one in the family, now the twist is that few months later my dad passed away and my second unlce is wanting share from the property (Owner of property is still my grandfather, I understand since its not written any where my uncle has right to get share in his fathers property)

4 Could you please suggest the best easy way to get this settled.

5 What are the possiblity to pay bare minimum and transfer the property in my Mothers name.

 

Many Thanks,

Regards.



Learning

 4 Replies

bhagwat patil (Property due diligence 9422773303)     24 April 2014

1) yes she got married after 1995. 2)yes they can. 3)with family settlement meeting. 4) if all inherits are ready you can transfer by agreement with CONCENT of owner.

Rishi (Junior lawyer)     24 April 2014

Oral will is not valid. It is also very difficult to prove All ur aunt and uncle will get equal share i.e. 1/5 of total property. Grandsons and granddaughters can claim ownership despite their fathers alive. You cannot pay bare minimum and transfer the property in your mother's name legally through court. Negotiate with them and see if they agrees but if they don't you have no option.

Rishi (Junior lawyer)     24 April 2014

You can transfer only 1/5 in ur mom's name... You can do it either by settlement with all inheriters but if no consensus could be reached you have to file a partition suit. Suit atleast takes 6-7 years. Be prepared.

Rishi (Junior lawyer)     24 April 2014

You can transfer only 1/5 in ur mom's name... You can do it either by settlement with all inheriters but if no consensus could be reached you have to file a partition suit. Suit atleast takes 6-7 years. Be prepared.

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