Right in property inherited by grand father
Vyas Desai
(Querist) 09 November 2013
This query is : Resolved
I am from karnataka and governed by Hindu Mithakshara Law
1965- Partition between my great grand father, grand father and my father. My father was minor and seperate share was alloted to him and this is upheld by our High Court.
1985-My great grand father wills his share of property to his wife before his death.
1997- Suit for partition filed against all the properties by my major brother, mother and me being minor represented by my mother in OS 60/1997.
1998- My great grand mother died intestate leaving all the properties to her only son Ramrao
2008- High Court partly allows by giving my brother, mother and me equal share in our father's properties but rejects in properties standing in name of my grand father as these properties were given to him during partition. For 2 other properties of my father remanded back to trial court.
2010- I attain Majority
2011- FDP filed for properties in which we were given share in OS 60/1997.
August 2013- My grand father dies testate willing his properties to his daughter i.e. my aunt.
September 2013- It comes to our knowledge that some of properties which my grand father willed to his daughter are not the ones he got in partition but inherited from his mother who died intestate. These properties were actually alloted to the share of my great grand father which he willed to his wife who died intestate.
As the suit OS 60/1997 is remanded regarding additional evidence to some of my fathers properties and FDP pending.
Can I ask for share in properties inherited by my grand father from his mother who died intestate?
I want to ask for share in property as my father also has share. These properties in total were willed to my aunt.
And FDP is pending with regards to some properties. And OS is also remanded for other properties.
Sudhir Kumar, Advocate
(Expert) 10 November 2013
meet a lawyer with all papers. The matter is very subjective.
R.K Nanda
(Expert) 10 November 2013
consult lawyer personally.
Rajendra K Goyal
(Expert) 10 November 2013
Consult local lawyer and show him all the documents.
Nadeem Qureshi
(Expert) 10 November 2013
contact a lawyer with all document will be better for best advise
Ms.Nirmala P.Rao
(Expert) 12 November 2013
Yes! If you can prove to the trial court's satisfaction that your grand father inherited these properties from his late mother etc, you would stand a chance of getting your share in those properties as well.
