Rights of Grand daughters in grand fathers property
Querist :
Anonymous
(Querist) 16 June 2011
This query is : Resolved
We are four brothers and 4 sisters.
3 of my sisters are married before the year 1980 and the fourth sister got married in the year 2000.
My grandfather has two self acquired properties in his name - One of them is a vacant land and the other is a residential buiding.
My Grandfather died in the year 1980 leaving behind an unregistered ' WILL ' which says that both of his properties should be inherited to his male grandsons only.
The ' WILL ' has two witnesses. One of them is my maternal uncle & the other person is a friend of my father as witnesses.
All of my sisters have executed an unregistered agreement in favour of our brothers on stamp papers taking demand drafts as " PasupuKumkumalu " for the sake of relinquishing their rights on the said vacant land in my grandfather name.
My grandfather has purchased and gifted some other vacant land in my mother's name for taking care of him in his old age.My mother has already sold her piece of land long ago during her life time
Note:
My father died in the year 1984
My grandmother died long ago before my grandfather died in 1980.
My question : Do my sisters get their share in the said two properties in my grandfather's name if they claim in a court of law.As one of Our sister married in 1980 is planning to file a suit for share in Grandfathers property Please provide experts advice
Querist :
Anonymous
(Querist) 16 June 2011
it is showing as resolved please put under open category
PALNITKAR V.V.
(Expert) 16 June 2011
your grand father has executed a will. though unregistered, it will take effect if grandsons are there. But if grandsons are not there then the property will devolve upon his children by succession. In maharashtra, female members used to get share in the family property at the time of partition prior to amendment. e.g. a daughter used to get share from the share of her father. to illustrate: let us take your case. the property of your Grand father would be divided in five parts notionally. one of the Grand father, and one each for the sons. 1/5th Share of your father would be again divided into seven parts. one each for you brothers and sisters. thus your sisters would have got only 1/35 share each in the property of Grand father. That was the position in 1980.
adv. rajeev ( rajoo )
(Expert) 16 June 2011
When properties are self acquired properties of your grand father and before he dies he has made an arrangements of his properties thru., will and gift deed, he had right to do that because properties were his self acquired properties. your sisters cannot claim their share being co-parencers.
prabhakar singh
(Expert) 16 June 2011
your question : "Do my sisters get their share in the said two properties in my grandfather's name if they claim in a court of law.As one of Our sister married in 1980 is planning to file a suit for share in Grandfathers property Please provide experts advice"??????????
My ANSWER:no,none of your sister has any right of inheritance in your grands'father property because your grand father well with in his right wrote will,if your own words are correct"Grandfather died in the year 1980 leaving behind an unregistered ' WILL ' which says that both of his properties should be inherited to his male grandsons only.
The ' WILL ' has two witnesses. One of them is my maternal uncle & the other person is a friend of my father as witnesses.""
If any litigation arises, just setup this will,assert your right,and prove the attestation of this will by producing those two witnesses or any of them ,if both are not available. there is no need of registration of a will.
R.Ramachandran
(Expert) 16 June 2011
I completely agree with the above views of Mr. Rajeev and Mr. Prabhakar. Nobody except you the grand sons have any right over the property, as per the facts given by you.
