Son claimed over the mother's property funded by father
Raj Sehgal
(Querist) 19 July 2012
This query is : Resolved
My grand mother owned property in her name. though the purchase of the property was funded by my grand father. it was registered in my grandma's name, grandma has expired 20 years before without any will. she has 3 son and 3 daughters,in which 2 daughters were expired and remaining 1 daughter leaves with us from past 30 years after her marriage.we take care of her. my grandfather transferred the property to his name many years before. now my grandfather was expired 7 years before.
after death of grandfather my 2 uncles and 2 aunty's sons claimed the property.
what should my "papa" do. plz advice
Kindly advise.
Anirudh
(Expert) 19 July 2012
If your grand mother had "transferred" (i.e. transferred through Registered Gift Deed) in favour of your father, then nobody - whether it is your uncles or aunts - can claim anything from the same.
BUT THE BIGGEST QUESTION IS, whether your grandmother actually "transferred" the property through a REGISTERED DOCUMENT?
Raj Kumar Makkad
(Expert) 19 July 2012
All legal heirs of your grandfather are entitled to inherit their share if the property though willed in favour of your aunt was ancestral but if the same was self acquired property then no one has any claim and your aunt is exclusive owner thereto.
Raj Sehgal
(Querist) 20 July 2012
my grandmother never made any will, so my grandfather trasffered that land back to his name before 10 years after grand mother's death
Anirudh
(Expert) 20 July 2012
If the property stood in the name of your grandfather, then all his legal heirs (i.e. your father, your uncles and aunts) would be entitled to equal share in the said property, especially when your grand father had not left any WILL.
Your papa cannot do anything. In fact when your uncles and aunts demand their share, he has no other option but to give them their share in the property. Your father or your family looking after your grandmother or grandfather will have no bearing on this issue. It will not grant your father any special treatment as far as the property left behind by your grand father is concerned.
Raj Sehgal
(Querist) 20 July 2012
my grandfather left will in favour of my father.
the main thing in this case is that, "is grandfather transferred the property of grandmother legal?????"
Anirudh
(Expert) 20 July 2012
Instead of speaking in terms of many years ago, some 30 years back etc., please indicate the exact years of events. Only then it will be possible to understand the real facts and to give a worthwhile answer to your query.
Raj Sehgal
(Querist) 23 July 2012
here is actual case @Anirudh sir
my grandfather bought a land in the name of grandmother in 1956, so the land is registered in the name of my grandmother.
grandmother died in 1987 without any will.
my grandfather transferred his name in nazool as owner in 1990.
now my grandfather made a will in 1992 and says in will that that land will be transffered to their 3 grandsons (me and my 2 brothers).he died in 2004.
now my uncle have file a case in december 2005 saying that its the property of their mother (my grandmother) so it should be divided between them.
my mqain question is that:
"is the transffered from grandmother to grandfather is legal?"
"any situation in which it is legal?"
Anirudh
(Expert) 23 July 2012
Your grand father could not have transferred the property left by your grand mother in his own name.
In fact, upon the death of your grandmother, the property should have been equally distributed amongst all her legal heirs viz., i.e. all her sons and daughters and her husband (i.e. your grand father).
Therefore the claim by your uncles are right.
Having said this, it is also to be checked as to on what basis and with the strength of what documents, the property of your grand mother was got transferred in the name of your grandfather. (If there had been any Registered relinquishment deed by her sons and daughters in favour of their father then your grand father could have got the property legally transferred in his name and in that circumstance, he will be the legal owner of the property, consequently in such a case, the WILL left by him will be valid, and your uncles cannot claim any right).
Raj Sehgal
(Querist) 29 July 2012
as u said
"the property should have been equally distributed amongst all her legal heirs viz., i.e. all her sons and daughters and her husband (i.e. your grand father)."
in my case grand father was dead, and my grand father left his will to give property to me and my 2 other brother, so can we get the above property(grandfather's share)????
