LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

paritosh (Asstt.)     12 September 2012

Step sons right over mother's self earned property

My grandmother expired 10 years back. She has an orchard and House in her name earned through her STREEDHAN and these properties were purchased on her name. She was third legal wife of my gradfather. Atleast 15 years before her death, my Grandmother made a registered will in the name of her 02 Real son i.e. my father & uncle. After her death the title of property was transfered in the name of my father & uncle based upon the registered will and witness.

 

Now after 08 years of her death, her step sons(Son of previous two wifes of my Grandfather) are claming the part of property saying that it was purchased with the money of Grandfather/ joint family, though they do not have concrete evidence in support of this except family chart. They also says that my grandmother had no right to make the registered will in favour of my father & uncle.

 

What the esteemed & learned Lawyer think over this issue?

 

  



Learning

 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     12 September 2012

Dear Paritosh,

 

If the property was held exclusively in the name of your grandmother - then the challenge by the two step sons is not at all sustainable, even if the grandmother had left no will, they could not have claimed it as they are not the legal heirs of your grandmother. They may try to claim it is ancestral, but it won't suceed.

 

Bharat Chugh

*Advocate Supreme Court of India

paritosh (Asstt.)     12 September 2012

Thanks for the prompt reply Res. Bharat Chugh Ji

 

The property was purchased by her only (Documents such as registry were made in favour of her only). But the step son claim that since She has no way of independant earning, she has purchased these properties with the help of family business/ husband's income. They have already lodge a civil suit against us. Kindly clarify...... regards

  


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register