residential property
karthik
(Querist) 30 July 2011
This query is : Resolved
MY GRANDFATHER(PATERNAL) IS OWING A RESIDENTIAL HOUSE WHICH IS INHERITED FROM HIS FATHER BY WILL AND BEFORE PASSING AWAY MY GRANDFATHER HAS WRITTEN A WILL (IN 1982 NOT REGISTERED) STATING THAT THIS PROPERTY WILL PASS TO MY WIFE AND LATER ON TO THE DAUGHTER (6) ACTUALLY MY GRANDFATHER HAD 2 SONS , 6 DAUGHTERS AND I AM THE SON OF ELDER SON , NOW THE PROBLEM IS CAN I CLAIM RIGHT ON THAT PROPERTY AS THE WILL STATES ONLY DAUGHTERS HAVE RIGHT AND ALSO 2 DAUGHTERS AMONG THEM HAD ALREADY EXPIRED (ONE AUNT HAS GOT NO CHILDREN AND ONE AUNT HAS GOT ONE DAUGHTER ALREADY MARRIED ) WILL THESE TWO DECEASED MEMBERS GET SHARE IN PRPOERTY OR NOT MY FATHER WHO IS ELDER SON ALSO EXPIRED ?? NOW HOW MANY SHARES WILL THE PROPERTY BE DIVIDED AMONG AND WILL I GET A SHARE IN IT ??
adv. rajeev ( rajoo )
(Expert) 30 July 2011
If it is ancestral property upto 3 degree share can be claimed.
3 degree means:
1 father
2. son/daughter
3 Grand sons / daughters
R.Ramachandran
(Expert) 30 July 2011
Just because your grand father got the property from his father it will not mean that the property is "ancestral". Since your grand father got the property through WILL, it can safely be assumed/presumed that it is a personal property both in the hands of your grand father as well as in the hands of his father.
Since it is a private/personal property of your grand father, he has every right to dispose of the property in whichever way that he likes. Nobody can object to the same or claim any share in the property.
Since according to you your Grand Father has left a Will (even an unregistered will is a valid will) in favour of somebody (either daughter or grand daughter or whatever) only those who have been mentioned in the WILL can get the property and you cannot claim any share in the said property.
prabhakar singh
(Expert) 30 July 2011
Unfortunate,many of us answer in haste.No comments for Mr.Rajeev,as i do not know what question of your has he answered????.
Mr.Ramchandran is right,BUT.............
I STILL DESIRE TO MAKE IT CLEAR FROM YOU THAT WHEN YOU SAY**MY GRANDFATHER HAS WRITTEN A WILL (IN 1982 NOT REGISTERED) STATING THAT THIS PROPERTY WILL PASS TO MY WIFE AND LATER ON TO THE DAUGHTER (6) **
MY Q1 IS YOUR GRAND MOTHER IS ALIVE OR DEAD??
MY Q2 IS THAT TELL ME EXACT WORDS USED IN WILL ABOUT RIGHTS CONFERRED ON YOUR GRAND MOTHER.
karthik
(Querist) 31 July 2011
@ Prabhakar Singh
My Grandfather Expired in 1983 itself after making the will ......
And it was stated in it that the property after my passing away can be enjoyed by my wife and after her my daughters will get it as my two sons are away from my family .....
This was exactly written in it sir ???
Can the buyer of this property can acquire all such rights without the signatures of we Grandsons ??
