Inherited property dispute
pramod
(Querist) 14 July 2012
This query is : Resolved
This is Pramod.my grandfather has 2 son and younger one is my father.my grandfather has inherited property.he keeps us threatening that he will not share the above mentioned inherited property between his 2 sons and make a will in the name of only one his elder son.
I would like to know that can he do that and if he does will it be legal?
what action can we take....................
V R SHROFF
(Expert) 14 July 2012
As ur gr father inherited property, [IT IS NOT SELF ACQUIRED]
He cannot dispose at his WILL.
your rights are intact. you will get your share.
prabhakar singh
(Expert) 14 July 2012
The property is a coparcenary in hands of your grand father owned equally with his two sons,then your grand father owns !/3,your fathers'elder brother 1/3 and your father 1/3.
So being the case your grand father has right to dispose his 1/3rd coparcenary share in any mode of transfer or by a Will in any body's favor. However he can NOT deprive your father from his 1/3.
Filing a suit may not be a good strategy to take care of his threatening,rather the same will provoke him to do so against which you shall feel defenseless and helpless as that would be suggestive of a
reason why he deprived your father from the inheritance.
Raj Kumar Makkad
(Expert) 15 July 2012
I concur with the views of Prabhakar Singh.
Anirudh
(Expert) 15 July 2012
Your grand father inherited the property from whom?
In which year did your grand father inherit it?
ashutosh mishra
(Expert) 15 July 2012
Right questions are posed here by Sir Anirudh
Because unless this inheritance was from paternal side of your grand father,that is his father,no coparcenary could be deemed to be in existence.
prabhakar singh
(Expert) 15 July 2012
In view of right poses made by Mr.Anirudh and
Mr.Ashutosh I add a corrigendum to my answer.
Kindly add words " In case your grand father inherited it from his father" before the words"The property is a coparcenary"athe very begining of the sentence.
