• Property inheritance to grandson on grandmother's agri property

Hello, I need legal advice on my diseased grandmother's (Father's Mother) property she inherited from her husband's demise. I am my father's son of his diseased wife. He married there after and has a daughter. My father passed on some agricultural property that he inherited after his father's demise. My grand mother passed away in 2007 and I am unaware if she had any Will when she was alive. Now, my question is 

1. Do I have any legal right on my Grandmother's property if she had written a will?
2. And what if she has not written a will?

Do I have any legal ground here? Please advice! The property in Andhra Pradesh. Thanks in Advance!
Asked 2 years ago in Property Law from United States
1) how did your grand mother inherit property on your grand father demise? 

2)if your grand mother has left a will and bequeathed you the property you would inherit her property under the will .

3)if your grand mother died intestate ie without a will you would inherit your father share along with your father second wife and your step sister . 

4) you have not mentioned whether your father had any other brother and sister . in the event your father had any siblings they would also have equal share in your grand mother estate
Ajay Sethi
Advocate, Mumbai
23211 Answers
1218 Consultations
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Hi, you have a share in the property as  your grandmother acquired the same by way of succession so it has become ancestral property if she has written a will it will not effect your share.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1. How did the inheritance take place after the demise of your grand father? Is the property in question the self acquired property of your grand father?

2. If your grand father made a will and bequeathed his entire property in favour of his wife then she became the absolute owner thereof after his demise. If, however, your grand father did not make a will then the property devolved equally on all his legal heirs after his demise, in which event your grand mother's share was equal to the share of your grand father's other legal heirs i.e his children. If your grand mother got a share according to the natural succession then she could have made a will in respect of her own share in the property, whereas if the entire property was bequeathed to her by her husband then she could have made a will in respect of the entire property.

3. If your grand mother passed away without writing a will then the property would devolve on all her legal heirs in equal shares. After the life time of your father you will inherit your father's share in the property of his mother.

4. Your father would succeed to the entire property if he does not have a sibling. The share of your father would devolve on his children including children from his second marriage.

5. Go to the office of the local registrar and ascertain if a will has been executed by your deceased grand mother.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
1) your grand mother had 50%share in your grand father estate 

2) on your grand mother death her 50%share would devolve the beneficiaries as per her last will and testament 

3)if she has made any bequest in your favour you would inherit share bequeathed under will . 

4) if your grand mother has not bequeathed you any property under will you would not inherit any share in the property . 

5) you can challenge the last will made by your grand mother if she was not of sound mind at time of execution of will or it has not been attested by 2 witnesses 

6) your father can bequeath his property as he pleases . it is not necessary that any share be given to you under the will 

7)if your aunt has signed documents relinquishing her share in property she would not have any share in the property
Ajay Sethi
Advocate, Mumbai
23211 Answers
1218 Consultations
5.0 on 5.0
1. If your grandmother has left any will then her said property will be owned by the people as mentioned in her said will,

2. If she has not executed any will then her property will be distributed amongst her legal heirs being yourself, your stepmother and stepsister.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
1. In view of the fact that your grand father wrote a will in favour of your grand mother and father the ownership passed equally to both of them. Was the mutation carried out after the demise of your grand father?

2. You should go to the office of the registrar to find out if a will has been made by your grand mother. If a will has been left by her then the property would devolve according to the will.

3. If your grand mother was forced to make a will then you may challenge the will on the ground that it is vitiated by coercion. At first it needs to be ascertained if the will (if any) has been probated. 

4. If no will has been made by your grand mother then her share in the property would be distributed among her legal heirs i,e her children. Neither you nor your step sister have any share in the share of your grand mother if your father is alive.

5. During the life time of your father you have no share in the property. A share would accrue to you only if your father makes a will in your favour, or he dies without making a will.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
1. If your deceased grandmother had executed an Will, the persons to whom the property has been bequeathed is required to take probate from the Court for which all legal heirs of your deceased grandmother, including yourself, is to be sent notice by the Court to submit your objection, if any,

2. Without probate, an Will has no value more than a scrap paper,

3. All the lagal heirs of your deceased father have equal right on his share of your deceased grandmother's property.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
The grandmother if made numbers of Wills during her lifetime with regard to the immovable and movable properties. 

Now here the Wills the grandmother was making with regard to immovable property have to be checked, if those Will speak of the Share in the immovable property the Grandmother had or the entire immovable property left by the Grandfather at the time of his death? 

As the Wills made by the Grandmother that could be valid only if was made with regard to the share of the immovable property that the Grandmother inherited on the death of the Grandfather being his widow.

The surviving legal heirs of the deceased grandmother  each of them get share in the entire immovable property in question. 

proper partition of the property in question be done amongst the surviving heirs.
Minansu Bhadra
Advocate, Kolkata
266 Answers
23 Consultations
4.8 on 5.0

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