My grandmother had two properties on her name, which are as follows:
1) Self acquired property from her own income
2) Co-inherited from my grand father (self acquired) along with my father, as my grandfather expired intestate. Property was transferred to her name post my grandfather’s death. There was no partition done between my grandmother and my father.
My grandfather had a brother with 4 sons, and they do not have any property:
My grandmother was generous, so she decided to divide the properties into 2 shares: one for my dad and another to her brother-in-law’s 4 sons.
Accordingly, she distributed 50% each of above mentioned two properties to my dad and her brother-in-law’s 4 sons through will in 1990.
She continued to say with my father till her expiry, and all the costs of her maintenance and medical expenses are borne by my dad alone.
My grandmother expired in 1998, post which will was activated.
My queries are as follows:
1) Whether my grandmother was competent enough to transfer the second property, as she is not the absolute owner. There was no relinquishment deed or partition deed which is signed by my father.
2) Whether i can claim the second property on behalf of my father. My father is old and he cannot run for legal cases.
3) What would be my rights in this property.
Since it is a property, you are unnecessarily trying to find some justification to stake a claim on the second property. You will come to know after reading the following answer that your expectation has no basis and in fact your father/you have no claim over the 50% of the second property which your grandmother WILLed to her brother-in-law's 4 sons.
Now, you are concerned only with the Second property. Therefore I am confining my reply to the second property alone.
As per you, your grandmother along with your father got the property in her name after the death of your grandfather. In fact, after the death of your grandfather, naturally the property has to go equally to all his legal heirs. In this case, the legal heirs of your grandfather are his widowed wife (i.e. your grandmother) and his son (your father). That means, each will have 50% share in the property left behind by your grandfather.
Now, through the WILL, your grandmother has left 50% to your father, and only the remaining 50% (which actually fell to her share in the inherited property) to her brother-in-law's 4 sons.
When your father has got his rightful 50% share in the property left behind by your grandfather, what more is required.
The 50% which your grandmother WILLed is out of her own 50% share. Therefore, you or your father have no legal claim over the same.
