Clarification regarding sharing of grandpa's property with my aunt reg
RAJA G S
(Querist) 14 January 2015
This query is : Resolved
Respected sir/madam
My Grandfather(My dad's father) own a house and one empty land in our native. My father has one elder sister and younger sister. Both got married and my father's younger sister is staying with her husband and children.His Elder sister died before 15 years. Recently my Grandpa passed away and then comes the problem. My grandmother and grandfather is fully taken care by my father alone. Now my grandma used to stay with us and in her home alternatively.The house which was built by grandfather got old and its condition is too worse. so my grandma and father has decided to rejuvenate the house. Now my younger aunty is asking for equal share in the house and the empty land. my father is ready to give her share in property.My grandma's wants to live in the house which is build by her husband (my grandpa) till her life ends. Because of that we were forced to recondition the damaged house. We have clearly told about all these things to my younger aunt. she is not letting us to start the house work and she is torturing my grandma to vacate the house and divide the property.my dad spoke to her and asked to her share the amount which will take to recondition the house so they can equally share the house. But she is not ready to spend even a single rupee. One more thing My grandpa while he was alive he has undergone so many surgeries and treatment,all expenses have been take care by my father and my grandma's expenses too. while they were alive not even a single time my younger aunt has come and saw my grandparents when the got medical issues and didn't spend a single rupee. But after my grandpa's death she started torturing my grandma and my father for the property. she is also threatening my grandma to give her jewels.My grandma is not all interested to give the share to my younger aunt instead she is ready to give the property to orphange. in what way we have to proceed . Pls do give some suggestions.
Sri Vijayan.A
(Expert) 15 January 2015
You[r father] had managed all expenses for your grandpa.
Likewise, make own arrangement for repair of old house.
Why do you list out and calculate the expenditure incurred for the parents.
Your grandpa has not given any piece of his property to your father. This raises one's eyebrow.
Dont urge your aunt for sharing of expenditure. Make the old house fit for use. If she comes forward for sharing of expenditure, accept it.
Try to get the share of your grandma to yourself/ father.
Rajendra K Goyal
(Expert) 15 January 2015
If your grandfather has expired intestate the property would go to all legal heirs (your grand mother, your father and both aunts)equally.
If your mother so want she can will / gift her share to your father or any body she want.
malipeddi jaggarao
(Expert) 16 January 2015
Expert Mr.Rajendra K Goyal has summarized the legal position. Your father's elder sister's legal heirs also have a stake in the property. The property has to be devided into 4 parts. Your aunt might not be knowing that her elder sister's legal heirs have a stake. She will not get half-share, but only one/fourth share. Tell about the legal position and ask her wait till her mother's exit from life. You cannot enlist the expenses and ask for reimbursement. Your father has discharged his duties towards his parents, other did not. For the services he performed, your grand mother can leave a Will bequeathing her share to your father. Your aunt cannot do anything right now, except filing suit for partition and I do not thing that she will take such step during the life time of her mother.
T. Kalaiselvan, Advocate
(Expert) 19 January 2015
There is nothing wrong in your aunt's claim for her legitimate share in the property. There can be no denial in it.
