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vinay_2431 (engineer)     20 July 2018

My grand father property partition

Hello Sir,

   My grandfather's self owned property needs to be partioned after his death, will his only daughter  get the entire share ?? or we as a grand children [three of us]  also get the share??

my grand father left a WILL ,saying after his death all the entire property to be given to his wife, who also expired now leaving no WILL. 

in this case only daughter will get all the property? or grand children also will get the share?

Thanks,

Vinay.



Learning

 5 Replies

R.Ramachandran (Advocate)     20 July 2018

In this case, only the daughter, who is the legal heir will get the entire property.  NO ONE ELSE has any right to claim any share in the property.

 

G.L.N. Prasad (Retired employee.)     20 July 2018

Get a copy of the will whether the direction is for enjoyment and possession during her life time only or empowers her to deal the property as she likes and as whether the property was mutated etc.  Take a chance and explore all avenues.

R.Ramachandran (Advocate)     20 July 2018

@Mr. G.L.N.Prasad:  What will happen if the WILL contains the provsions as visualised by you?

For example as stated by you, if the will contains a direction that the property is for enjoyment and possession during her (wife's) life time only. - The wife has since died.  The effect of the WILL comes to an end.  The property is not under any WILL any more?  Therefore what will happen?

Another scenario visualised by you. The Will empowers her to deal with the property as she likes. - She has not done anything to the property as she likes like leaving any WILL, selling, or gifting it to anybody etc.  - Now what will happen?

Kindly say what will happen in each of the scenarios, other than the only getting the entire property?

G.L.N. Prasad (Retired employee.)     20 July 2018

The hope is that there may be some direction by testator  that after her the property may go to children and wife's right are only for possession and enjoyment alone.  Sorry, I can not assume things, just a ray of hope to find some way that  all children may get equal share in father's property if there is a loophole in such wording in the will.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     21 July 2018

Kindly note that the property shall go to your Mother only. Now,your Mother can make a Will giving directions as to how to give that property to her Children, as she likes.

 

I find it strange that you are asking a questin when property is coming to your Mother only.


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