Reg property
anaya
(Querist) 30 April 2012
This query is : Resolved
My Grand father has made apropery in delhi in 1973.he had 3 sons.my father eldest one died in 1986.My grandfather died after one yr of my fathers death leaving no will.
now left wth my grand mother ,two paternal uncles ,one married and other unmarried.My unmarried paternal uncle got expired.After that my married paternal uncle has done transfer of flat through DDA in name of my daadi,on name of my paternal uncle himself and my mother in the yr 1998.
Now my paternal uncle got expired in 2008. he does not have any child.my grand mother has made a will before my paternal uncle got expired that her share would be divided between my paternal uncle nad my mother.
Now my grand mother has expired and house will be sell I am the eldest grand son,married and has a son,i have two younger brothers,unmarried.Do i have a share in this property.can my mother sell this property without my signatures?
Does transfer in the name of my mother means she has the right over her full share?
If my mother does so ,can i claim my share?
Pls advice
Nadeem Qureshi
(Expert) 30 April 2012
Dear Anaya
as per your query, after your GF and father's Death, you have right in this property. you can file a partition suit before civil court and get your share.
feel free to call
Adv.R.P.Chugh
(Expert) 30 April 2012
Dear Anaya,
Clarify on this :-
1. You've mentioned no legal heirs of your paternal uncle (who died in 2008) - did he have a wife living?
2. In 1998 property was held in name of your Grandmother/Mother & Paternal Uncle ? to what extents ?
anaya
(Querist) 30 April 2012
Thanx 2 both the experts.
to clarify u Bharat sir,
yes ,his wife is living ...and I have no share in her 50% and i dont want that also.
In 1998,Propery was equally in the joint names of my paternal uncle,grand ma and my mother.
My concern is that since it is in the joint name of my mother so can she disown me from her share and can the house be sold without my signatures.
Shonee Kapoor
(Expert) 01 May 2012
Yes, the house can be sold without you signatures as well.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
