Mother deceased, grandfather's property settlement
roshni
(Querist) 20 April 2013
This query is : Resolved
My mother expired 3 months ago. Her father is also deceased. My mother had right in my grandfather's property, but it was not registered in her name.What right, if any, do I as a legal heir of my mother have over my grandfather's property?
M.Sheik Mohammed Ali
(Expert) 20 April 2013
it will go automatically legal heirs. you take the possession and enjoy.
Raj Kumar Makkad
(Expert) 20 April 2013
It seems you maternal uncle has not disclosed the name of your mother to the revenue officers and the entire estate left by your grand-father has fradulantly got registered by him in his name.
You have not disclosed the year of death of your grand-father and further that what was mode of transfer of his properties.
Anyway, if the property was ancestral and your maternal grand-father died after 2005 then you file a suit for partition and possession with the help of the lawyer of the area wherein such property is situated.
If the property was self acquired and the deceased had made any arrangemen thereto even during his life time then nothing can be done but if nothing was done and he died intestate then also similar right accrues to your mother.
Shashikant V. Patil
(Expert) 20 April 2013
For ancestral landed property, your mothers equal rights devolved in the said property as per amendment of 2005 of Section 6 of HSA 1956.
You maternal uncle cannot deprived your mother's share. He cannot alienate to even third party without consent of you and your brothers and sisters as being legal heirs of your deceased mother.
