How can i proceed futher?
kanishk
(Querist) 29 December 2008
This query is : Resolved
There are two cases. 1) The property is owned by my grandmoms mom. she has three children including my grandmom. 2)This one is owned by my grandmom's brother, he was not maried and therefore had no children. Now both are dead and the property is not in the name of any particular person. My question is ,
1) Does my grandmom has any share in any of these property?
2) If yes, then being a girl child is there any particular ration in both the cases.
Uma parameswaran
(Expert) 30 December 2008
1. yes, your grandmom has share in both property.
2. I couldn't get your question. If your are asking about the share as a grand child, then you will also get your share.
Legal Eagle
(Expert) 30 December 2008
In the 1st case, if your great grandmother has not made a will then automatically your grandmother has a right. The share will depend upon the caste you belong. As regards the 2nd case, your mother will again have a right. The share will depend again on which caste you belong. Also note your share will again be divided from within the other members of the kin who are directly related to the grandmother and your uncle. You are not very precise in your query.
kanishk
(Querist) 30 December 2008
Thank you for your time and concern.
My Granny is Punjabi(Hindu), and I Only want to know about her share. what is the right and legal way to proceed further to claim for her share.
Her elder brother is living, in the first property (Which is owned by my granny's mom) and in the second property my granny is living with my mom(Its a DDA Flat in Delhi). Now her brothers keep on coming to my granny and asking to sell the house and divide the share accordingly from the second property. My granny is ready but when she demands for her share in the first property , her brother is not ready to give at all .
Query.
1) If her brother is not ready to sell the property where he is living ,Then how will she get her share?
2) My granny does not have any legal documents for the second property where she is living ,and her brother claims that those papers are with him, Can he sell the house ?
3) If in case my Granny's brother does not have those papers, then from where can she get those papers?
Thank You
Kanishk Chandhok
kanishk
(Querist) 30 December 2008
Please let me know if any other information is required.
kanishk
(Querist) 01 January 2009
Could someone help me out, please.
Guest
(Expert) 03 January 2009
yes all my freinds are right
kanishk
(Querist) 05 January 2009
Could someone please answer my few Questions.
Query.
1) If her brother is not ready to sell the property where he is living ,Then how will she get her share?
2) My granny does not have any legal documents for the second property where she is living ,and her brother claims that those papers are with him, Can he sell the house ?
3) If in case my Granny's brother does not have those papers, then from where can she get those papers?
Thank You
Kanishk Chandhok
PALNITKAR V.V.
(Expert) 15 January 2009
1] File a suit for partition. If the property is impartible the court will direct either to sell the property or ask the brother to pay for the share of Granny.
2 & 3] About the papers of the second property, you can get property documents from corporation and city survey office. you have to furnish details like property number and address. Since the granny has share in the second property, sale of the property by brother would be illegal to the extent of share of Granny. She can apply for setting aside of sale if the property is sold. If not sold she can file suit for partition in which she can also pray for injunction against brother from alienating the property.
