Share in property
ABC
(Querist) 06 April 2013
This query is : Resolved
My Nana's father buit a house in UP before the birth of my nana and after death the property was enjoyed by nana & his family. However the property papers still continued to be in the name of nana's father.
Nana prepared a handwritten will that the same property to be in favour of Nani & Nana died in 2001. Papers still continue to be in the name of Nana's father.
At present, my nani is serious and may not live long. My mother has two more brothers both elder and have their families and grand sons.
Now, I would like to ask,since the property is still in the name of my nana's father, do I have a legal right to share in the property even if my mother intends to surrender her share.
With Regards,
ABC
Advocate M.Bhadra
(Expert) 06 April 2013
Without granting by a competent court of law WILL is not valid.From the predecessor the share of property should be distributed according to Succession Act by a registered Deed of Partition or Settlement,those who intend to surrender his/her share then his/her legal heirs can not claim.
prabhakar singh
(Expert) 06 April 2013
ABC you are XYZ to your NANA property.Mind it is NANA's property and not DADA property.
you have demand with DADA not from NANA that is why they are so called.
During life time of your mother you have no claim.She can surrender her rights in favor of any body of her choice without your consent.YOU HAVE NO SHARE OF YOUR OWN IN NANA'S PROPERTY.
Raj Kumar Makkad
(Expert) 06 April 2013
I have also similar opinion as expressed above,
Sudhir Kumar, Advocate 
(Expert) 07 April 2013
you can have only proportionate share out of your mother's proportionate share which she will be getting from proportionate share of her father.
See how much you can get, if it is worth litigation and worth spoiling relations.
