My Grand Father (Christian) died in 1991, and he was in possession of 37 cents land in Cochin, Kerala. My Grand Mother is still alive and they have 8 children (2 sons and 6 daughters including my mother). After the death of grand father, my mother filed a petition to get her share from the property, but it got rejected saying that nothing is left to inherit.
The reasons mentioned in the judgement (in 2001) as follows:
Grand father executed a will in 1979 at the Sub Registrar Office giving the entire property to 2 sons.
Again in 1985 Grand Father executed two settlement deeds, in favour of 2 daughters, 5 cents land to each of them.
So it concluded saying that, in 1991 when Grand Father died there is nothing remained to inherit.
But I've doubts about the will and the land registration
We found that in 1985 Grand Father did 4 registration, 5 cents to 2 daughters as said in the judgement and also 5 cents to 2 sons (not mentioned in the court about it).
So once he did registration of 20 cents out of his 37 cents land in 1985, what will happen to the remaining 17 cents and the validity of the "WILL" written in 1979 ?
The first old "WILL" he executed only in favour of his 2 sons in 1979 is still valid and two sons will get the remaining 17 cents too ?
Or can we approach the court to get share from this remaining 17 cents ?
Grand mother arguing (but no written proof) that his intention was to give this 17 cents to remaining 4 daughters, but my uncles (2 of their sons) doesn't agree to this.
How does it work in the Indian Christian Inheritance Law ?
Can anybody approach the court to get the share from the remaining 17 cents, which is not registered to any of of his children yet ?
Thanks,
Vinu
