Deceased grandparent's property
randomethic
(Querist) 02 July 2013
This query is : Resolved
My mother has four siblings. 2 brothers and 3 sisters including herself.
One brother passed away in an accident in 1986. His wife is also no more. He has two adult children, one of whom is married.
Last year, my grandfather passed away leaving a registered will behind. In this will, he has left the house that he constructed to his wife and if she passed away before him, to his three daughters. His will says that he is not leaving anything for his deceased son because he helped him buy plots and construct property while the son was still alive (which is true, the flat is jointly owned by my cousins though, only the sister stays in it and has driven her brother away).
The will clearly says nothing is left behind to the elder son.
This January, my grandmother passed away as well. The house was transferred in her name before her death.
She made a will under duress from the elder son who came and looked after his parents only at the time of their deaths. Both parents were looked after by my mother and her elder sister.
My grandmother did not sign this will. However, the elder son, took her signatures on a blank piece of paper which he is looking to type the will on.
My queries are:
1. The three sisters are open to selling the property and dividing the share equally between all of them, including the elder brother and the deceased brother's children.
BUT, the elder brother is claiming that being male members, as per law only he and the deceased brother's son can take the decision to sell the property and the daughters have no say in it.
Is there such a law?
2. The elder son has his own apartment in Mumbai which he had put on rent for a huge sum but is now living in the grandparents' house and also keeping all the rent that is coming from the first floor and annexe.
He is opposed to selling the house and insists that any of the three sisters can come and live there knowing that since they have their own families, it will not be possible for them to do so.
Can the sisters ask him to return to Mumbai and split the rent from the entire house in 5?
3. With the elder sister, since she got married to a widower who had children of his own, the elder brother insists that legally, my aunt cannot give her share of the property to her daughters since she did not give them birth. He claims that as per law, if she dies, her share of my grandparents' property will come back to the remaining siblings.
Is this true under law? Is she not free to give her property to the children she has raised as her own?
4. The elder brother doesn't want any share to go to the deceased son's children as well. To this effect he has spoken several times that he wants to type a fresh will on the blank paper signed by my grandmother and have that registered.
5. What should the sisters ideally do? My grandmother was a very fair person and she treated all her children and grandchildren equally. There is no way that she would have wanted only one child to benefit this way.
What is the best course of action? It seems as if the elder brother is doing everything at this point to not give any of the other siblings their rightful share because they are all daughters and wants to keep everything for himself by intimidating them using his knowledge of law.
Appreciate your quick help.
R.K Nanda
(Expert) 02 July 2013
consult local lawyer as query too long.
prabhakar singh
(Expert) 02 July 2013
1.Yes! The three sisters can demand partition on their own.
His argument that females can not demand partition of a dwelling is based on OLD knowledge of Law that was contained in section 23 of Hindu Succession Act which was repealed by the Hindu Succession (Amendment) Act, 2005 (39 of 2005), sec. 4 (w.e.f. 9-9-2005) AND IS NO MORE IN FORCE.
2.If he refusing filing of lawsuit of partition and accounting of share rent would be only remedy.
3.He would be right only when elder sister dies intestate (without leaving a WILL in favor of those children).
4.He can not deny right of those children.
FIR should be lodged for his planned forgery that he is claiming to have some blank papers and planning to prepare a forged will.
5.In such a circumstance suit is the only remedy.
CONSULT A CIVIL LAWYER LOCALLY.
Raj Kumar Makkad
(Expert) 03 July 2013
Obtain the relevant revenue documents of the properties involved with the copy of the will and contact a local lawyer and discuss the case with him.
