Property Right
Querist :
Anonymous
(Querist) 23 April 2011
This query is : Resolved
Dear Sir/Madam,
It is very painful to ask this question at here, but i am in problem kindly help me.
I and my sibling is the only son of my Late Father. We lost our father three year back. We leaves in the joint family, me, my brother, my mom, and my grand parents. My grand parents has two son, one was my father (elder son) and other is my uncle, who left from the here for their earning purpose.
After we lost our father, the nature of my grand parernt has changed as some-one suggest him to acquire or demand the partition in the property of my father and in the money which we had received as Provident Fund.
And now the sitution is that they tease us every day by asking to go to court and ask the partition in the property.
Here i want to mention that my uncle has denied to serve my grand parents.
I want to ask some question in this regards:
1.Whether my grand parents has much higher right in the property of their son as compare to his daughter in law(my mom) and his grand sons(me and my brother)?
2.Whether there is no obligation of their younger son to serve them in their old age who denied form his duty?
3.As we are already serveing them from last 10 years, and there was no problem in that, As we are providing them all the required facility from food to medicine or etc... Is it legal to demand money in that case?
4.Me and My brother both are student of Professional course the field of commerce and also working in the firm to earn some money. Whether grand parents has any right to demand for the money earned by both of us in any way?
Kindly guide me in the above matter as i dont want to see break-up in my family and as i am unable to make them understand that it will not be benificial for the future of our family.
Please help me!!!!!!!!!!!!!
R.Ramachandran
(Expert) 23 April 2011
From the property of your father all of you i.e. your mother, you,your brother and your grand mother (not grand father) have equal share as Class-I legal heirs of your father. Thus, your grand parents do not have any higher right than you.
Regarding point 2 and 3, since their elder son (your father) is no more, they cannot expect you (the grand children or daughter-in-law) to serve them. The grand parents have to take care of themselves. You do not have any legal obligation towards them. BUT WHAT YOU DO IS ON HUMANITARIAN CONSIDERATION, WHICH THEY SHOULD ALSO EQUALLY UNDERSTAND AND APPRECIATE. They need not thank you, nor praise you, but at least they should stop criticising or demanding or teasing you.
Point 4. No. Legally, you or your brother need not give anything to your grand parents. They have no legal right to demand anything from both of you.
I am happy, that you have posed this query only for the purpose of knowing your legal rights and obligations towards your grant parents. I also note with appreciation that it is not your intention to break-up in the family.
(You have not indicated whether your father had any immovable property in his name, or the property is in the name of your grand parents.)
Querist :
Anonymous
(Querist) 29 April 2011
Thank you very much sir, for your support and guidance.
We are living in a double story house, purchased from the urban improvement trust. The ground floor was allotted in the name of my mom and the upper one was allotted in the name of my father. But after the incident which cause my father dead, me and my brother had filed an affidavit in the urban improvement trust, that we have no objection in transferring the house in the name of my mother and for that we had also published a notification in the local news paper regarding the objection if anyone had in that transfer.
Now the upper floor has also in the name of my mother.
In relation to my grandfather’s property, he had already sold all the property which was inherited by his father (my father's grandfather) to him, except the right in the house, which came in partition in his name as my grand-grandfather had two sons.
Sometimes ago he had also sold that partition and relinquish his title in the favour of his brother's son (grandfather's brother). Actually we had no intimation of that transaction placed that time and this time also we had no issue regarding in that, as my whole family has no objection in that, as it was his own discretion what to do with that.
As of now we are having only the house (double story) in the name of my mother and some of money which we had received on account of provident fund and the employer of my father.
Kindly guide me in the above matter, if there is any issue which can be raised in the future, which may caused or break the peace of my family and provide me solution in this regard.
Thanking you.
R.Ramachandran
(Expert) 29 April 2011
Your matters are quite perfect. Nothing to worry.
[If at all, your grand mother can only ask for her share from the property - first floor and similarly her share from the money received from the employer.] If at all only she can ask and no one can. When she has not asked for it now, better keep quiet.
Take care of your family and your grand parents. Have a happy life.
If anything is troubling your good soul, please feel free to approach this Forum and Forum friends will definitely be of great help to you.
All the bests.
Querist :
Anonymous
(Querist) 29 April 2011
Thank you very much SIR,
I really appreciate your guidance and support in a very short span of time….
You have removed my fear and uncertainty about the future of my family upto a level…….
The only one comment from my side to you “The people like you are invaluable treasure of our planet”
Thank you again….
Thanks to Lawyers club India
