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nilimaganguly   24 February 2015

Ancestral property

I LIVE IN HOUSE WHICH WAS BUILD BY MY GREAT GRANDFATHER. MY GRANDFATHER PASSED AWAY AND MY GRANDMOTHER IS STILL ALIVE. THEY HAD TWO SONS. ELDER ONE IS MY FATHER AND YOUNGER ONE IS MY UNCLE. I AM MY FATHER'S ONLY DAUGHTER. THE HOUSE HAD 3 EQUAL SHARES GIVING(MY GRANDMOTHER, MY FATHER AND MY UNCLE). MY GRANDMOTHER GAVE ME HER SHARE OF THE HOUSE ON PAPER. MY UNCLE MARRIED A LADY WHO WAS A WIDOW AT THE TIME OF MARRIAGE AND HAD AN ADULT DAUGHTER FROM HER PREVIOUS MARRIAGE. NOW SHE IS MARRIED AND HAVE A SON OF HER OWN. MY UNCLE AND AUNT HAVE BEEN LIVING SEPARATE FOR LAST FIVE YEARS. MY UNCLE LIVES IN THE ANCESTRAL HOUSE WITH US.

NOW,  MY QUESTIONS ARE, WHETHER THIS DAUGHTER OF MY AUNT'S PREVIOUS MARRIAGE WILL INHERIT MY UNCLE'S  SHARE OF THE HOUSE  AFTER MY UNCLE PASS AWAY FIRST BEFORE MY AUNT?

AND IF MY AUNT PASSES AWAY BEFORE MY UNCLE THEN WHAT WILL HAPPEN TO MY UNCLE'S SHARE OF THE HOUSE?

IF MY UNCLE LIKES TO MAKE A DEED OR A WILL NOW TO GIVE HIS SHARE OF THE HOUSE TO ME, THEN WILL THAT REQUIRE MY AUNT'S PERMISSION/SIGNATURE/ PRESENCE ON PAPER?



Learning

 3 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     24 February 2015

Dear, Indeed a good question. But i think your uncles share will pass to his wife and daughter after death .... Please call to discuss and I can suggest you some loopholes in this regard which I don't wish to post .... Kapil Chandna Adv 9899011450

saravanan s (legal advisor)     25 February 2015

NOW,  MY QUESTIONS ARE, WHETHER THIS DAUGHTER OF MY AUNT'S PREVIOUS MARRIAGE WILL INHERIT MY UNCLE'S  SHARE OF THE HOUSE  AFTER MY UNCLE PASS AWAY FIRST BEFORE MY AUNT?

AND IF MY AUNT PASSES AWAY BEFORE MY UNCLE THEN WHAT WILL HAPPEN TO MY UNCLE'S SHARE OF THE HOUSE?

IF MY UNCLE LIKES TO MAKE A DEED OR A WILL NOW TO GIVE HIS SHARE OF THE HOUSE TO ME, THEN WILL THAT REQUIRE MY AUNT'S PERMISSION/SIGNATURE/ PRESENCE ON PAPER?

1.THE DAUGHTER AND YOUR UNCLES WIFE WILL GET EQUAL SHARE IF YOUR UNCLE DIES INTESTATE

2.YOUR UNCLES DAUGHTER WILL GET THE ENTIRE SHARE

3.IF HE WANTS TO WILL IT TO YOU THEN  HE DOESNT NEED YOUR AUNTS PERMISSION.

Sandeep (bbbb)     25 February 2015

Dear Sir,

I would like to know if there is any law regarding transfer of grandfather's property (acquired from his father) in absence of any will from grandfather ...directly to grandson..or the property will be divided among sons and daughters of grandfather after the demise of grandparents..


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