Grandfathers property
Manoj Kumar
(Querist) 21 July 2013
This query is : Resolved
Hai all,
Kindly clarify my question. My wife's grandfather has transfered property (house) in her father's name (she also have a younger brother). it is before 15 years.
My question is whether my wife do have any right in the porperty as per indian law.
With thanks and regards
D.Manoj Kumar
prabhakar singh
(Expert) 21 July 2013
How did the property transferred by your wife's grandmother came into his hands?
I mean did he acquired it by any will,sale or gift deed ?
or he inherited it from his forefathers?
So you please clarify first!
prabhakar singh
(Expert) 21 July 2013
How did the property transferred by your wife's grandfather to your wife's father came into his(grandfather's) hands?
I mean did he acquired it by any will,sale or gift deed ?
or he inherited it from his forefathers?
So you please clarify first!
Dr. Jyothi Vishwanath
(Expert) 21 July 2013
Yes wife has right in the property. It does not matter whether it is self-acquired or ancestral property of the grandfather.
Raj Kumar Makkad
(Expert) 21 July 2013
You have not told whether the father of your wife is still alive or not and further the mode of the transfer by his father in his favour.
It is also to be clarified whether the father of your wife died intestate.
malipeddi jaggarao
(Expert) 22 July 2013
Please give clarifications as required by Experts Mr.Prabhakar Singh and Mr.Raj kumar makkad. Then only you will get proper advice.
V R SHROFF
(Expert) 22 July 2013
How the property was acquired, and who all are alive, are important vital facts needed to reply ur query.
Rajendra K Goyal
(Expert) 22 July 2013
Agree with expert prabhakar singh ji, raj kumar makkad ji, VR SHROFF Ji. Supplimentry information is required.
Dr. Jyothi Vishwanath
(Expert) 22 July 2013
Grandfather transferred property in the name of Father.
WHat type of transfer it is.
If Sale = father is absolute owner of it.
If gift or will = it depends upon the contents.
If father alive, daughter (wife) has no right in it if sale. If will/gift, it again depends.
If father has died intestate = daughter (wife) has right.
If father has died testate = depends on the contents of will.
Quantum of share of daughter = Depends on the number of heirs.
malipeddi jaggarao
(Expert) 23 July 2013
I think no further responses are needed from expert till the author clarifies the position.
Manoj Kumar
(Querist) 23 July 2013
Thanks for all your reply. Im hereny adding the required details.
My wifes grandfather bought the land and constructed the house. Before death he transferred the property and registered it in the name of my wife's father.Now the property is in my Wife's father name. He is still alive. My wife has a younger brother.
Need a clarification whether her father has any right to refuse the share in the property and kindly clarify me with th rights of my wife in the property.
Thanks in advance to one and all.
Dr. Jyothi Vishwanath
(Expert) 23 July 2013
What are the contents of the gift? we need to know the operative part of it.
Raj Kumar Makkad
(Expert) 23 July 2013
After getting ownership by way of gift deed, the father of your wife has attained the exclusive ownership over the property and thus it i =s his self acquired property and now he is free to deal with his property. Your wife legally cannot demand any pie out of that property during the life time of her father.
Rajendra K Goyal
(Expert) 24 July 2013
Under the given facts agree with the advise of expert raj kumar makkad ji.
malipeddi jaggarao
(Expert) 24 July 2013
To elaborate further, it is not possible to make any claim by your wife during the life time of her father.
During his life time, he is free to deal with his property as he wishes.
Her rights will be operative only if her father dies intestate i.e., without bequeathing a will and if the property is still in his name at the time of his demise.
