Grandson's right over's Grandfather's property
Aurobindo
(Querist) 30 May 2011
This query is : Resolved
Dear Experts,
My father passed away without leaving a will. We are three children. Myself, the eldest son (aged 39) and two younger sisters (35 and 32). All of us are married and have children too. I have a 4-year-old son. My younger sister has two daughters aged 12 and 8 respectively. My youngest sister has a son aged 9.
My Father had made a property of almost 10,000 sqft of land with two houses within them. No encumberances, No inheritence, No loans - it was purely his own efforts.
Right now, all three of us have signed a 'No Objection Certificate' so that the property's ownership is transferred to my mother's name and let her be the owner of the property.
What is the legal view point on my son (My Father's Son's son) becoming the sole heir to the property? I do not have any issues in sharing some amount with my sisters alongwith other possessions.
Supposing if my mother wishes to divide it equally amongst the three of us, can I object to it for the reason that it should belong to my Son (as the Grandson) and hence equal sharing cannot happen?
Please advise.
G.Sundara Rajan
(Expert) 30 May 2011
You cannot insist on your son becoming sole heir to property unless your mother gifts the property to him.
On the other hand, if you want your son to be heir to some property, file a partition suit and claim your share and then transfer the same to your son.
Otherwise however, you can talk it out mutually with your family and adjust the differences.
R.Ramachandran
(Expert) 31 May 2011
Dear Mr. Aurobindo,
The property left behind by your father will be inherited EQUALLY by your mother, you and your two sisters.
Your sisters might have agreed to give no objection (in fact it should be Registered Relinquishment DEED and nothing short of it) to transfer the entire property in your mother's name thinking that upon the death of your mother, they will again get their back their share by way of inheritance.
If your intentions in first passing on the property to your mother, only with the ultimate goal of getting the entire property in favour of your son, then I think your sisters may have a second thought.
You are not trying to be altruistic when you say that you are ready to share some amount with my sisters along with other possessions. (This is nothing but short changing your sisters by giving them some amount/possessions, instead of their rightful due.)
Again your asking the query "Whether I can object when my mother wishes to divide the property equally amongst three of us" also does not speak well of you.
Therefore, it would be better, if the property is shared in the normal course between the four (your mother, your sisters and you) of you.
Thereafter while you can give your share to your son, if possible your mother can also give her 1/4th share to your son.
Being her share, if your mother gives her 1/4th share to your son then nobody can object to it. On the contrary, if first you get your sister's share and your share transferred to your mother, and thereafter some how get the entire property to your son, then I am afraid your sisters will have a chance to challenge the action on the ground of fraud.
prabhakar singh
(Expert) 31 May 2011
What transpires as fact that your father owned property and passed away leaving behind him your mother,you, and your two sisters, as per Hindu Succession Act you all four Equally jointly own the property,simply because you all have agreed to let go the mutation alone in your mothers name is not going to change status of joint ownership which stood created forth with post to death of your father. your son can become exclusive owner if all of you four(or three excluding you) jointly execute a REGISTERED DEED OF GIFT IN HIS FAVOR AND YOU ACCEPT the same as guardian on his behalf or you obtain a sale deed in your sons favor from your sisters and mother as you wish to pay them.
NO OTHER WAY IS THERE IN CIRCUMSTANCES DISCLOSED BY YOU.
Guest
(Expert) 03 June 2011
I endorse the advice of Mr. Ramachandran.
