• Can my grandmother (mother's mother) execute a will

My mother’s mother has got the Agricultural property from her husband. My grandmother has no male issues. My grandmother has 3 daughters Including my mother (deseased ).
This property came to my grandmother by inheritance from her husband.Her husband got the property from his father. 
1. Is it an ancestral property or not ?
2. Can my grandmother execute a will dividing the property equally among her 
 daughters including her share. 
3. If not can she execute a will (only her share) (grandmother) to any of her 
 daughters. 
My grandmother is not willing to make partition because she is about 72 years old, she is suffering from Hypertension, Diabetic & heart problem. Whatever the proceeds from this property she wants to spend for her health. Since I am not taking care of my grandmother, My mother’s other two daughters are looking after her. 
4. Now can I file a suit for partition under ancestral property or under any other 
 law. If not what is the best option to get partition from my grandmother (mother’s mother )

5. Do I have a legal right over the mother’s mother property ? My mother is no 
 more. She expired in 2013. I am the only son to my deseased mother.
 
6. My two Aunts are not willing to take equal share. Can my grand mother execute a will dividing equally the properties into 4 parts, including her share.
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Asked 8 years ago in Property Law
Religion: Hindu

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5 Answers

1) it is not ancestral property

2) your grandmother can execute will bequeathing property to any of her daughters

3) you would not be granted any reliefs of you file partition suit

4) you have no legal rights on property during your grandmother lifetime

Ajay Sethi
Advocate, Mumbai
99932 Answers
8158 Consultations

Hii, you are a legal heir to the property .. You can Claim your mothers share in court .. File a suit for partition and declaration..

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

1. It is your grandmother's separate property, which is not ancestral in your hands, and which she is at liberty to alienate/bequeath during her lifetime in the same manner as her self acquired property.

2. The right of a title holder to discriminate, and rather brutally, between his legal heirs at the time of making a bequest is indefeasible.

3. Consequently, you have no right, title or interest in the property.

Ashish Davessar
Advocate, Jaipur
30843 Answers
981 Consultations

Whatever the the maintenance you spent for your grand mother will be counted, if you file partition suit.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

1, It is not ancestral property, it is yor grandmother's own and absolute property.

2. Yes, she can very well dispose the property in the manner she thinks fit.

3. She can write a will bequeathing the property to anyone of her choice, the other person cannot claim a share in it as a right.

4. You dont have any rights in the property hence dont waste time, energy and money by filing a frivolous and untenable suit seeking any share in the property.

5. Even if your mother was alive, she has no rights over the property that belongs to yor grandmother.Therefore you do not have any rights in the property.

6. Yes, it is your grandmother's own desire and discretion to divide the property in the manner and method she would like it to be distributed.

T Kalaiselvan
Advocate, Vellore
90133 Answers
2504 Consultations

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