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ysr   28 June 2016

Grand mothers property

Hi,

My grandmother had a property of land on this name. In 2003 my grand Mother died. My Grand Father also passed away in 2014. My father is the only  son to my grandparents (no sisters or brothers). my father has three children (two sons and one daughter) i.e Myself(me), brother and sister. I had a son (below 5 yrs). My brother had two daughters(below 5 yrs). and My sister had two daughters(below 10 yrs). My Parents (father and mother) are with me now.

my question is : 

1) who are all the Legal persons / having rights on this property?
2) since my father is the only SON to my grand mother, he is the only having whole / solo rights?
2) Do we (me, brother and sister) have any rights on this property?
3) Since my chldren are minors, Do they have any right on this property?

please clarify me on this...

thanks in advance.



Learning

 5 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     29 June 2016

Did your grand parents execute any will during their life time?  If they did not execute any will, then your father and his children i.e. yourself, your brother and sister and all children have equal rights over the property.

Bharatkumar (ADVOCATE )     29 June 2016

1. Your Father, Your Mother, You, your brother, your sister and all minors right in property.

2. if all legal heirs are ready and give confirmaton then your father right in this property.

3. if minor then they right in this property as per equal share and if you sale this property you can put fix deposite in minor name in National Bank.

 

 

JustAdvisor (IT)     29 June 2016

in my opinion your father has exclusive right to 50% share(obtained directly from your grandmother) and rest 50%(obtained indirectly through your grandfather) has become ancestral.

JustAdvisor (IT)     29 June 2016

presuming there was no will, everyone is a Hindu and you follow Mitakshara law. Still, show all documents to an able counsel for guided opinion.

JustAdvisor (IT)     29 June 2016

https://articlesonlaw.wordpress.com/2014/10/23/practical-questions-on-ancestral-property-answers-with-support-of-the-high-courts-and-the-supreme-court-rulings-part-i/

 


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