Grandson's right on agri land
Querist :
Anonymous
(Querist) 11 August 2011
This query is : Resolved
My Grand Father ( Mother's Father ) died year 1970 without will., My mother got married year 1971, then after passed away in year of 1982,I am only Son, My mother have 4 sisters and one brother,
My Grand father's land transferred to my Grand mother's name in the year of 1972 and Recently last year my Grand mother given a Gift Settlement Deed to his Son. Now all the properties transferred to Son's Name,, Is it I am eligible to get any share on my Grandfather's Land & properties,.. Pl. give your suggestion. Thanks.. Mahandran
R.Ramachandran
(Expert) 11 August 2011
If the property was in your grand mother's name then it is her absolute private property. She has every right to do whatever that she likes with it. If in her wisdom she has gifted that property to her son, she is well within her rights. Nobody can either object to her action or claim any share in the said property.
M/s. Y-not legal services
(Expert) 11 August 2011
little confusion sir., if the property is ancestral of the grand father's mean?
Querist :
Anonymous
(Querist) 11 August 2011
Dear Sir, Thanks for your guidance, Properties Initially seems purchased by Great great father, There is no Record or any documents showing Properties purchased by Grand Father. So Assumption is Ancestral Properties, in this case is it I am eligible to get the due share..? Even before my mother passed away year 1981, the Properties transferred to Grand mothers Name. Pl. guide.
R.Ramachandran
(Expert) 11 August 2011
Whether it was ancestral property or not you have to prove.
If it was ancestral property, then also the entire thing would have gone only to your Grandfather's son and not to anybody. But the share of your grandfather would have gone by way of inheritance (which in this case had gone to your grand mother - probably others consented to the same).
Raj Kumar Makkad
(Expert) 11 August 2011
Your maternal grand father had expired during the year 1970 leaving behind 4 daughters, widow and a son. It is not clea whether the properties left by him were ancestral in his hands. I presume it as ancestral even then his daughters had only right to maintenance out of his ancestral properties. Means as per law prevailed at time, your mother was entitled for only 1/36 share which might have been inherited by all of you. Your didn't took any action to make correction in mutation entered in the name of his mother after death of her father and a lot of time has elapsed so suit qua seeking correction in revenue record shall be barred by limitation. So there are no chance to succeed at this stage.
