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Rajesh S   02 January 2021

Hindu property law

Sir/ Madam ,

My mother's property rights from Father's immovable property 2 House

My grandfather having 3 children , 1 female and 2 son , My grandfather died in 2000 without will, so that property title is transferred to my grandmother, recently my grandmother died .

Question 1 :- grandmother have right to write a will or gifts deed without daughter consent to Son's.

Question 2 :- If above is Yes , means any chance to challenge about will or gift deed ( My grandfather property real owner )



Learning

 8 Replies

G.L.N. Prasad (Retired employee.)     02 January 2021

Hindu law is a complicated one, and unless the relationship, acquiring, settlement deeds are thoroughly studied, it is very difficult to provide precise guidance on line forums  It is just like consulting for Blood cancer treatment in the third stage from online consultation without such diagnostic reports.

Please understand the complications and always depend on local Advocates.

SHIRISH PAWAR, 7738990900 (Advocate)     02 January 2021

Hello,

As per your query property of your grandfather was transferred to your grandmother. So your grandmother has become the owner of the property after the transfer of property in her name. After the transfer of property in your grandmother's name your grandmother became the owner of the property. Therefore your grandmother can transfer the property to anyone as per her wishes. 

You have every right to challenge the will as will may forge document made just to grab the property.

 

Rajesh S   02 January 2021

Thank you Sir 

Dr J C Vashista (Advocate)     03 January 2021

Whether the subject property is your maternal or paternal i.e., your nana/ nani or dada / dadi ?

Who is testator of the will in question?

Incomplete and vague facts can not lead to form an opinion and oblige.

It is advisable to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional guidance and necessary proceeding.

P. Venu (Advocate)     03 January 2021

"My grandfather died in 2000 without will, so that property title is transferred to my grandmother"! What is the basis of this proposition? Admittedly, there was no Will. If so, how the property got transferred to the grandmother?

 

Rajesh S   03 January 2021

Thank you sir , After grand father death they submitted death certificate to municipal office. For next legal heir is grandmother. Now doubt is My grandmother have full right to  write will  to son's. 

P. Venu (Advocate)     04 January 2021

"After grand father death they submitted death certificate to municipal office. For next legal heir is grandmother. Now doubt is My grandmother have full right to  write will  to son's". 

If you are so sure of the legal position, why you have posted this query - for our information?

However, to my knowledge, the grandmother is not the only legal heir. The property, on the death of the grandfather, is jointly vested with the grandmother and their three children. As such, the mother hold only 1/4th of the property and she can execute Will only for that undivided share.

Mere entry in the revenue or municipal records are of no consequence.

The position would have been different had the children relinquished their share by executing registered deeds to that effect.

Kindly correct me if I am wrong in facts or in Law.

Rajesh S   05 January 2021

Thank you Sir


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