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Prem Chandran (General Manager)     29 September 2013

Property claim

My Grand Father purchased one House with his earnings in my Grand Mother's name, because he had 2 other houses in his own name in the same city. He had decided to do so to avoid any difficult situations, if it may arise in business. However there is no record or proof to declare that this house was gifted to my Grand Mother by my Grand Father. My Grand Mother was only a House wife and she had no means to earn. However the water tax and electricity bills were in my Grand Father's name for a long time even after his death. My Grand Parents have 2 sons and 3 daughters.

The other 2 houses were sold by my Grand Father while he was in difficult situation in business and when he fell sick. He passed away due to serious illness and did not leave behind any will.

My Grand mother is now claiming that since the house was in her name, she can do anything in her own will and wish. My Grand parents have 3 daughters and 2 sons, and all of us strongly feel that the house in discussion should be equally divided between my grand mother and all sons & daughters since it was bought through Grand Father's self earned money. If he was alive, he would have certainly divided between all the children and his wife. Kindly guide us with your professional inputs, if what my Grand Mother's claims is right. Hpw can we legally protect this house and work towards equal partitions between my Grand mother and all 5 children.

Appreciate your earliest reply, since the property in discussion might be demolished and they might build some flats in it. Kindly advise.



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     30 September 2013

Please file a partition suit with proper pleadings stating that your grandfather only bought the property but he registered the same on your grandmother's name to avoid tax problems and also add in your pleadings that your grandmother never had any source of income nonetheless she had sufficient income to purchase the said property.  Along with the plaint, file an injunction petition to restrain the defendants from alienating or creating any encumbrance or demolishing etc and also file an emergent petition for taking up the case immediately.  Contact your lawyer for further details.  Advocate Kalaiselvan, Ph: +919443441062


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