Dileep R 26 July 2017

Sharing of land property

We are 4 members in my family including my mother. My father was expired 25 years back due to heart disease (we 2 sons and 1 daughter was minor on that time. We bought up in mother house). Now we all are magers. My father was in abroad and he has purchased some land in his name. Now my grandmother and my uncle (brother of my father) claiming share in the property. They claiming that he had expired without any WILL and portion of his properties share should available to his mother. The properties purchased by him with his own effert and he has not got any ancester property from grandmother. Now we 3 children's strongly opposing sharing his lands. We are not planing to share his property in this time. I have doubt on following matters, 1. Whether grand mother have any right in said property 2.Now she is 85 and whether she can make any WILL favouring my uncle for said property 3.Recently in news paper it came that like this cases properties goes to children's of expired actual property owner after expiry of grandmother. Is that true?

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8 Replies

G.L.N. Prasad (Retired employee.) 26 July 2017

1. Whether grand mother have any right in said property

If the property is ancestral, a paternal mother gets equal share with her children, if her husband dies intestate. A maternal grand mother is not legal heir of daughter's sons property.

2.Now she is 85 and whether she can make any WILL favouring my uncle for said property

There is no bar for any one in making such wills to style to create a title deed or document. But enforceability depends on facts and circumstances as to how it was acquired. Simply becuase some body has written a will it is not enforceable unless the testator is himself/herself is having such legal rights for legitimate share as per Hindu law.

3.Recently in news paper it came that like this cases properties goes to children's of expired actual property owner after expiry of grandmother. Is that true?

Unless the facts and circumstances are known, replies can not be given on assumptions. The law defines several classes of relations that are entitled for such share, depending on acquisition. On expiry of grand mother, the property should go to her husband (if living) and children, if she fails to execute a will. If it is acquired through her mother's side as stree dhana or if she has her own source of income, she can even bequeath the property as a will.

Hindu inheritance laws are very complicated and several things are to be seen and a thorough reading should be made and facts are to be considered. It is very difficult to offer any guidance through public forum, without going through documents. A member should always trust the local Advocate and thoroughly discuss and should go further, if Advocate gives opinion with such reasons.

Kumar Doab (FIN) 26 July 2017

It is believed that you are all Hindu.

Confirm!

Kumar Doab (FIN) 26 July 2017

ClassI legal heirs of deceased Hindu male i.e. Mother ( if alive as on date of death), Wife ( if alive as on date of death), have 1st claim and equal share........

Thus grandmother (mother of yor father) have equals share in all properties left by your father.

Settle amicably.