Moonlight (engineer) 27 January 2012

Save a life-please help-urgent

My Grandma had 7 children, 3 sons and 4 daugters. One of her daugter expired leaving behind two of her little daugters.

1. After my grandma expired, the eldest brother transfered the property in the name of 6 of the siblings, the 7th sibling who expired, her name nor her granddaughters name was not included in the transfer of property from our grandma's name to her children.

Problem: Since her 2 grandaugters are too poor and dont have enough income or money, How can they claim their lost right to claim their mother's property?

Please suggest how to include their names in the legal documents? And Kindly suggest how to get the property divided. All the other siblings except one are opposed to giving the 2 granddaugters their share of the property.

All the talks have failed. So what are the legal procedure to go ahead? Really appreciate if you advice on this. You will be saving the life of the two granddaugters who were left behind as orphans at the very young age.

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4 Replies

sridhar pasumarthy (ADVOCATE) 29 January 2012

Dear Moonlight,

You need to clarify the following to get a proper reply.

Who is the real owner of the alleged property ?

Is it the grand mother or the eldest brother?

Is the grand mother died without executing any document like will etc.?

Moonlight (engineer) 30 January 2012

The property was in the name of my grandma. After she expired her eldest son got it transferred to her children's name.. except 1 of her daugter who expired leaving behing 2 of her daughters(granddaughters to my grandma).

There was no will written...

Now the property is registered in the name of 6 children of my grandma.. They have not added the granddaughters name(Since they are eligible for their dead mom's share)

How to add their name in the documents? and how can we go ahead?

And now the eldest son of my grandma is dead.. her sons are creating problems and do not want to give the others share of property away.

Appreciate your generosity. Anticipate to hear from you

sridhar pasumarthy (ADVOCATE) 30 January 2012

Dear Moonlight,

Since the grandma expired without executing any Will, her property will devolve upon all her children i.e. her seven children at the rate of 1/7th share each. Owing to the death of one daughter, the children of the deceased daughter are entitled to thier mother's share i.e. 1/7th share jointly.

The eldest son has no right to to deprive the children of the deceased daughter and the documents executed as such are void.

So, it is suggested to file a suit for partition on behalf of the children and seek for their 1/7th joint share in the property left by grandma.

Moonlight (engineer) 30 January 2012

The eldest son expired.. before his death.. he and others had transferred the property in the name of 6 siblings.. I have a copy of legal documents of the property.. and it says now that the property is in the name of only 6 siblings. How did they manage to get legal documents of property like this?

How was the concerned person(Tasildhar or Village Accountant) signed that document, without knowing the truth?

1.What documents we need to prove that the granddaughters are legally eligible? like how to prove the relationship between them and my grandma? I dont know whether they possess birth certificate of their mom..

2. What is a suit for partition? Where can I get it done and by whom?

3. I want to file a legal case against them for leaving behind the granddaughters name. How to do it?

Thanks for helping Sir, Really appreciate your sincerity and generosity. May God be with you and shower his blessings. Hope God gives justice to the two orphaned granddaugters. To say the truth the eldest son allegedly murdered his sister. Hence this problem. The case was closed without even a case registered against the eldest brother. Since he is expired now, it is of no use to bring up him. His Children are also criminal minded and selfish.