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Newbie Newbie (Others)     15 January 2020

Grandfathers property - inheritance eligibility

Hello Experts..

Need ur help..

My grandfather passed away 10+yrs back without leaving a will. My mom has 3 other siblings (2 brothers and 1 sister). My grandmother also passed away last year. My grandfather had his own business which he had established and my uncles then joined him to run it. With the earnings they bought properties, jewellery, bank FD etc.. in my uncles name their wife and kids name. My uncles also started the real estate business using the money from this business and it grew. After my grandfather's death my uncles promised my mom some small portion of the property.. but that has not yet come into realisation. He has also transferred all the properties/FD etc.. to his/family members names.
Lets say that the value of the business/properties/jewellery/bank deposits was worth Rs.1000 when my grandfather passed away and now it has grown to Rs.2000 based on whatever business decisions that my uncles made and new investments that they carried out.
Also my uncle got my mom to sign some legal papers.. and I am not sure about its contents. 

Following are the questions I have:

1. As per law will my mother be eligible for a share in the business/properties/jewelry/bank fd.. even if that is in the name of my uncles and their family members?

2. Would the share be based upon the Rs.1000 when my grandfather passed away or today's value of Rs.2000 ?

3. We belong to a muslim family.. so will there be any other specifications/share conditions that will apply?

4. The legal papers which my mom has signed what could be the challenges due to that and how to overcome it ?

5. What would be the share percentage that my mom would be eligible for?

6. What should be the process to start these negotiations?

7. Would I be eligible for any of my grandfathers property ?



Learning

 3 Replies

G.L.N. Prasad (Retired employee.)     16 January 2020

You can not get a solution/guidance on every critical issue in open forum.   It is always prudent to contact a local professional advocate and clearing your doubts and further course of action.  Mere guidance is not the issue involved, seeking remedy at the earliest by studying the papers is most important.

Newbie Newbie (Others)     16 January 2020

thanks Prasad sir for your input..
I was trying to gather this information so that I know if it will be worthwhile or not by going in this direction.
if it is really too complicated and not value for the time invested or not.

T. Kalaiselvan, Advocate (Advocate)     25 January 2020

Your mother shall be entitled to a legitimate share out of her father's properties who is reported to have died intestate.

She can claim a share in the profits of the business that has been continued after her father's death by her siblings.

She is entitled to half share to that of one share of her male siblings.

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