Anoop (Self Employ) 30 July 2014

Grandmother property partition

Hello All,

My name is Anusha from Hyderabad.

My grand mother has only son(my father who is alive). And we are 3 sibiling, brother, sister and me. My grand mother passed intestate in 2013. Post that, my mother got the property registered on her name. Now,

1.will my mother has the right to create a will having the whole property to my brother? If Yes, may I challenge that in court?

2. may I file a case for partition in my grand mother's property which is on my mother's name now?

Thank you in advance.

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2 Replies

G. ARAVINTHAN (Legal Consultant / Solicitor) 30 July 2014

1. The property which your mother bought is her own property and she can bequeath it to any person she wants.

2. You can very well sought for partition of properties left out by your grand mother intestate

Anoop (Self Employ) 31 July 2014

Hello Arvinthan ji,

Thank you for the response.

Would need to have more understanding from your responses.

1. The property which your mother bought is her own property and she can bequeath it to any person she wants.

->This property was not BOUGHT by my mother but got it from my grand mother. (will my mother has the right to create a will having the whole property to my brother? If Yes, may I challenge that in court?)

2. You can very well sought for partition of properties left out by your grand mother intestate

->The property is not on my grandmother's name now. It is been registered on my mother. May I still seek partition?

Thank you in advance.