Family property related query
Srikanth
(Querist) 10 January 2016
This query is : Resolved
My grandfather died in the year 2011, and left with 5 sons and 4 daughters. He also left with properties with his name and my grandmother’s name. Before he died, he did not prepare any will and grandmother still alive. After 3 years, my father expired (eldest son) and my mother is still alive. Now, the remaining 4 sons of my grandfather are separating, so they are asking my mother’s signature. Our family (my father, mother and two of my youngest brother and me) came out our grandfather family 20 year’s back. We have not separated from our grandfather family; however my father did an exchange deed, gave some property in his name in exchange of a house in the name of my grandfather to live. (My father did an exchange deed with my grandfather, when my father left the house. it is not a separation, only an exchange of properties among my grandfather and my father. There was a land in my fathers name, that got exchanged with my Grandfather. My grandfather on behalf of the land, gave a residential house so that we can stay there).We are hearing that 4 of my uncles (my father’s brothers) they did a will with my Grandmother. Can I know how much property we (my mother or grandson) can claim the property. Can we get the full 1 share of the value of the property that is under my grandfather’s name? Can we also (either my mother or grandson) claim our grandmother’s property? Importantly I want to check whether we (my mother or grandson)can claim grandmothers property?
Anirudh
(Expert) 10 January 2016
You are entitled for 1/10th share in your grand father's property. (this is because there were 10 legal heirs to your grandfather. They are your grandmother, 5 sons and 4 daughters totalling 10).
The 1/10th share which falls to your father, shall be shared by his legal heirs (viz., his mother i.e. your grand mother, your mother, and you 3 brothers, as there does not seem to be any sister to you).
Please do not give any signature to anyone without first knowing the complete contents of the documents, the purpose and without consulting a lawyer.
Kumar Doab
(Expert) 10 January 2016
It is believed that you are Hindu.
Hope you have done the needful to get the names of all ClassI legal heirs entered in mutation records after the death of owner and heirs in lineage.
You or anyone have no forced share in the property owned by your grandmother.
She can dispose it in her life time as it pleases to her e.g, WILL, as posted by you.
However the WILL should not be under coercion,pressure etc and should be by her free will!
You may first acquire copies of property related documents and show these to your able counsel specializing in family/revenue/property/civil matters and also the stated exchange deed...................and give inputs and understand the option,merits.
Once you have understood everything you may show the stated document on which your mother's signature are being sought.
Your mother can dispose her share only in her life time as it pleases to her e.g, WILL/relinquishment deed etc.
Rajendra K Goyal
(Expert) 10 January 2016
Your father can claim property of your grandfather after him.
If your grandmother is alive, she is free to sell / will / gift the property in her name. She is owner of it.
Do not sign any document without getting it vetted by your lawyer.
Adv. Yogen Kakade
(Expert) 11 January 2016
I agree with the experts.. act accordingly
K.S.Srinivas
(Expert) 23 January 2016
Experts already answered.
