my share in grandfather property
vivan
(Querist) 14 January 2016
This query is : Resolved
i was 3months old when my father died. my mother's father in law and mother inlaw started torchering her. so she left their house along with me without taking any share in property. my grandfather didnt gave any share to my father before his death. My mother did second marriage. my grandfather died and he says that with a gift deed in which he stated that all his property belong to my aunty(bhabhi of my father)..My father mother and i didnt get any share in property..now i am 21yrs old and i came to know all this..i want to knw can i claim for share in my grandfather property.
kavksatyanarayana
(Expert) 14 January 2016
author, you have right for a share in your grandfather's property in he died intestate.
Anirudh
(Expert) 14 January 2016
I totally disagree with the views of Mr. Kavksatyanarayana.
vivan
(Querist) 15 January 2016
respected Anirudh sir..please guide me why do think so
Anirudh
(Expert) 15 January 2016
First of all, why do you think that your grand father is required to give any share to your father?
As absolute owner of the property, can't your grand father decide what he wants to do with his property?
If in his wisdom, your grandfather gave it to somebody (in this case your aunt) and not to anybody else, how is it legally wrong?
P. Venu
(Expert) 15 January 2016
Hadn't for the gift, you have a share. Please try to verify if the deed could be challenged.
Rajendra K Goyal
(Expert) 15 January 2016
You can claim only if your grand father has left any property in his name and died intestate.
If he has gifted / sold / bequeathed during his life time you have no share.
Adv. Yogen Kakade
(Expert) 15 January 2016
I agree with Mr. Goyal.. please mention the details of the case.
vivan
(Querist) 16 January 2016
my grandfather was having 4 childrens (1 daughter and 3 sons) My father was the 1st who died among all children..after my father death my mother left thir house because she was torchered by them..i was also taken with my mother(i was 3months old). the younger brother of my father married after that. but he also died after few montha of death. her wife also left the house but she filed a case for a share of property for his son. after some time my grandfather also died. After his death my aunt(mere sabse bade chachu ki biwi) claimed that..my grandfather gifted that house to her.nd she sold that house. case is still running on them as they did not gave any share to the son of my last uncle's son..plzz guide me
vivan
(Querist) 16 January 2016
my grandfather was having 4 childrens (1 daughter and 3 sons) My father was the 1st who died among all children..after my father death my mother left thir house because she was torchered by them..i was also taken with my mother(i was 3months old). the younger brother of my father married after that. but he also died after few montha of death. her wife also left the house but she filed a case for a share of property for his son. after some time my grandfather also died. After his death my aunt(mere sabse bade chachu ki biwi) claimed that..my grandfather gifted that house to her.nd she sold that house. case is still running on them as they did not gave any share to the son of my last uncle's son..plzz guide me
K.S.Srinivas
(Expert) 25 January 2016
Dear Author,
You have mentioned that your aunt is claiming that your grandfather has gifted the house to her. Is there any gift deed? If there is really a gift deed in favour of your aunt, it is valid as your grandfather can gift it in his life time. If such a gift deed is not there, and your grandfather died intestate, then you can claim your share. However, it is advised that you can consult a lawyer along with all the documents.
H.M.Patnaik
(Expert) 08 March 2016
I UNDERSTAND FROM YOUR POSTING THAT YOU HAVE NEITHER PHYSICALLY SEEN THE THE SO CALLED GIFT DEED EXECUTED BY YOUR GRANDFATHER NOR POSSESS DETAILS OF THE SAME .IN SUCH AN EVENT, IT IS BETTER TO GET CONFIRMED OF THE SAME FIRST BY OBTAINING A COPY/ CERTIFIED COPY EITHER FROM YOUR AUNT OR FROM THE LOCAL SUB-REGISTRAR'S OFFICE .THEREAFTER,THE MATTER CAN BE DISCUSSED WITH A CIVIL LAWYER IN YOUR LOCALITY.
