dinesh reddy 06 September 2018
kirti kabra 06 September 2018
According to law of succesion and inhertience , if your grandfather has not made any will , in that case the property will belong to his two sons in equal proportion .
Kumar Doab (FIN) 07 September 2018
Which personal law applies in your case?
Are you all Hindu?
The said property is agricultural land, rural, Urban, or it is a building?
Apparently your grandfather is alive.
Is he title holder/owner?
The said property is self earned/acquired in the hands of your grandfather or ancestral?
You are male or female, married/unmarried?
The property is in which state?
Apparently your father is alive.
How the grandfather has devided the property amongst his 2 sons i.e. your father and uncle?
The mother and wife of your grandfather are alive?
How many sons anddaughters your grandfather has (alive or or deceased)?
Confirm!
Kumar Doab (FIN) 07 September 2018
Succession opens on date of death ; by inheritance or by testamentary succession ( by valid WILL).
In case of Hindu male dying without disposing her estate/property in her life time by a valid/registered deed the 1st right is of ClassI legal heirs i.e Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters……
In case of deceased Hindu woman dying without disposing her estate/property in her life time by a valid/registered deed ClassI,II is not applicable rather nature and source of property matters.
If the property is self acquired/earned/absolute in the hands of Hindu woman the 1st right is of her husband (if alive as on date of death) and sons, daughters…………
If property is acquired from husband side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of husband..
If property is acquired from parents side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of father..
Grandson has NO forced share in self earned/acquired estate/property of grandparents.
Son has NO forced share in self earned/acquired estate/property of parents.
Kumar Doab (FIN) 07 September 2018
If you are serving your grandfather and your grandfather is willing then he can dispose his estate/property in his life time in anyone’s favor including you, by his sweet will………….by a valid/registered deed e.g; sale/gift/settlement..WILL etc..
IT is mandatory to probate the WILL in the areas of Bombay, Calcutta, and Madras.
IT is not mandatory to probate the WILL in other areas. IT is not mandatory to register the WILL.
The WILL should just be valid. Unregistered WILL can be acted upon.
The last valid WILL prevails.
If your grandfather is willing then he may chose any valid/registered deed to tarsnfer his estate in your favor, for which he does not need anyone’s consent.
Kumar Doab (FIN) 07 September 2018
Your grandfather can claim maintainance from sons/relatives;
GO thru;
Maintenance and Welfare of Senior Citizens (MWPSC) Act, 2007
And rules framed under the Act in your state..
Parents can claim maiantainance from children/relative under the Act/Rules and other enactments applicable as per provisions of law/personal law
There are many threads on similar query at LCI that you can search thru SEARCH option in threads etc e.g; Article under my profile;
“Now, Property Transfer Deed by Senior Citizen Parent to negligent children can be revoked even if there is NO recital of Welfare Clause in the Transfer deed !”
“Now parents can evict abusive adult children from their house”
“Now Senior Citizens can evict negligent son or daughter from their home in 21 days time”
“Son can live in Parents house only at the mercy of his Parents, upto the time the Parents allow”