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Ranveer (employee)     23 March 2012

Property right

 

Hi

 

Myself Ranveer,

My maternal grandmother is having good property and wealty lady, my grandfather is not alive, my uncle(mother’s brother) are two but one is mad and one is not interested in my grandmother’s property he is out of this property matter, now I am confused that does my mother has any right in my grandmother property ??

My grandmother is not ready to give single penny to my mother but can we go to court and fight for that??

 

Please advice me



Learning

 8 Replies

adv. rajeev ( rajoo ) (practicing advocate)     23 March 2012

How your grand mother got the property?  If it is self acquired property of her then her sons and daughters cannot claim share in that property.  If it is the property of your grand father then legal heirs of your grand father can claim their share.

Ranveer (employee)     23 March 2012

Thanks for your reply sir,

 

its a self acquired property as my Grand father is passed away,

 and my mother's brother as no relation with my grand mother so does my mother as any share in that property?

Ranveer (employee)     23 March 2012

my grandmother got that property as my grand father dead, before that whole property is named on my grandfather,

please advice me what shold i do and what i suppose to check and look for, 

sridhar pasumarthy (ADVOCATE)     23 March 2012

How did your grand mother acquire the property of your grand father.

Is it by way of Will or Gift or else?

Ranveer (employee)     23 March 2012

still not acquired but now shes the only one who's using that property because she's wife of property holder so when holder is not alive than automatically that property goes to her

sridhar pasumarthy (ADVOCATE)     23 March 2012

According to the law applicable to Hindus, if a male dies intestate(without executing a Will), property goes to Class I legal heirs.  Accordingly, in ur case, it goes to your Grand Mother, and her children i.e. two sons and daughter(ur mother).  so, all are equally entitled in the property of the Grand Father.

Your mother can file a suit for partition and seek her 1/4th share in the property.

Ranveer (employee)     23 March 2012

Thank you,, 

but what if all the property is tranfered to my grandmother name??  in that case can daughter can claim for share??

 

and here my mother has two brothers in which one is in hospital from long time and he will be in hospital as he is mentally not well, and other brother is seperated from family property before 10yrs and he is not intrested in property and when he is seprated that was noted on the will that he dont want anything from property,

 

now i am confused that what should i do from where i should start to investigate and how shold i move forward with this ?? shall i consult a lawyer ?

 

what are the necessary steps that i should take before i got late in anthing?/??

 

please advice me in this 

Adil Ahmed Mohammed (Advocate )     24 March 2012

Dear Ranveer,

Try to get the documents from concerned authorities, basing on Municipal number (if it is a House/Building) or Survey number of the property (If it is an agricultural/open land) and better to meet with local Advocate for best advice. 


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