disputes between mother & sons
Querist :
Anonymous
(Querist) 19 April 2011
This query is : Resolved
hi,
my father has 2 brothers &1 sister,my grandfather bought a plot 20 years ago
my grandfather had died 7 years ago & my grandmother is still living..
after my grandfather death,she divided the property into 3 parts(between 3 brothers) and all the 3 brothers have their complete paper work,
as my grandmother is living with my uncle so they have decided to approach the court that we forcefully get those papers signed from her,and she wants her husband property to be transferred to my uncle(her elder son)..
so will we loose the property if so does that...
R.Ramachandran
(Expert) 19 April 2011
Since it was the self-acquired property of your grand father, and as he had not left any WILL, the property will go by way of inheritance equally amongst all his legal heirs viz., his wife (your grandmother), his sons (i.e. your uncles) and your mother and aunt(s).
Your grand mother has no right to divide the property only amongst your uncles. It has no legal validity.
As already indicated, all the legal heirs will get 1/5th share equally. If some of the parties (say your aunt etc.,) have relinquished their right in the property in favour of anybody else, that is a different matter.
Querist :
Anonymous
(Querist) 19 April 2011
thank u sir,,
but its a 4 crore property and has already been divide into 3 parts,and we have the paper work for 1/3 share so can we sell the property to some close relative in order
to protect it form getting further divided...
R.Ramachandran
(Expert) 19 April 2011
Even if you sell it (whether to your relative or to any other third person) still the defect will continue. The party which purchases from you will sue in turn if there is any defect in the title and if any loss is caused to them in the process.
Ashok Yadav
(Expert) 19 April 2011
If you have complete paper work as you said, then no need to worry.
But you should tell which type of paper work you have done means family partition deed or any thing else, is it registered in sub-registrar office or not, has the property mutated in your fathers favour or not. Any proper guidance can be given only after getting answer of these questions.
