Praveen (Project Co-ordinator) 21 June 2012

Father's property

Sir,

My father who was a bank employee expired a month ago.I'm the only son(working in a private firm)and have my mother(house wife), wife and a kid at home.My grandmother(father's mother) is alive and is claiming for the self earned property of my father.My grand father's property was equally shared among 6 (including my father,grandmother and 4 sisters) and grandmother's share was given to my father because of his total contributions in all the marriages of her sisters.But he has given the money of grand mothers's share back as she filed a petition against him with the help of her daughters.It was settled in the police station and even she ordered my father not to touch her body in her demise(written).Now that she's claiming the property, gratuity and pension etc.with the help one of her much influential daughter.Please tell me whether she really got any right as she was not dependant on my father.

Thanks&Regards

Praveen P G

9387307643

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4 Replies

Adv Archana Deshmukh (Practicing Advocate) 21 June 2012

As far as the self acquired property of your father is concerned, your grandmother has equal share in it along with your mother and yourself and your siblings as she is the class I heir of your father.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 21 June 2012

A lot of things (settlements already done) cannot be considered here in absence of a perusal of the documents, however mother is a class I legal heir - and takes equally with wife and children. Hence your grandmother on the first blush is equally entitled to father's self acuired property on his demise.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 21 June 2012

Dear Mr.Praveen,

Mother is a class I legal heir and hence succeeds to the property equally with children and wife even though property is self acquired since your father has left no will. However having said that - any reasonable lawyer would like tosee the settlement etc. first before commenting conclusively.