• In my grandfather's house does my mother and sister have share?

My father is alive but he is mentally unstable. I and my mother lives in my gandfather's house (father's side). My sister is married and stay somewhere else.
Who is the rightful owner of the house I stay in?
Asked 4 years ago in Property Law
Religion: Hindu

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11 Answers

Rightful owner after death of grand father is his children and wife so in case your grandmother has also expired and your father alone is there then as of now he is owner after his death you your mother and sister shall have equal right

Since your father is mentally not well he cannot make a will or gift of same.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

on grand father demise your father would inherit his property

2) on father demise your mother , you and your sister would be the legal heirs

Ajay Sethi
Advocate, Mumbai
87894 Answers
6207 Consultations

5.0 on 5.0

Dear Cleint,

Your father is absolute owner of house acquired by his father by inheritance.

And what do u mean by mentally unstable.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Dear Client,

All the family members i.e. mother sister and your father including you are the rightful owners to the property. In your grand fathers house your mother and sister will get sharee.

Hemadri Chandrakanth
Advocate, Vijayawada
98 Answers
10 Consultations

4.0 on 5.0

I would advise the following manner:

1. Your father is next in line to be the owner of the house (provided he has no brothers or sisters);

2. If your grandfather is alive you can request him to transfer the flat to your name vide a Gift Deed;

3. You can advise your grandfather to execute a will in your and your mother's favour;

4. You could also get an NOC from sister that she has no claim on the flat.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

this is inherited property and according to the Hindu personal law your sister is also entitled for share in this property. But she cannot claim any share in the lifetime of her father. Your father is suffering from mental disability therefore your mother can execute a will on behalf of your father after getting leave/permission of the court.  she can exclude her daughter from the property by executive a will deed. After the execution of will deed, the daughter/your sister cannot make any claim in the property.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

The rightful owner is the one who has a valid title document standing in his name.

Yusuf Rampurawala
Advocate, Mumbai
6876 Answers
79 Consultations

5.0 on 5.0

If your grandfather is alive and it's his self acquired property he's the legal owner. If your grandfather has died without leaving a Will and property is not partitioned then you have share on property along with your father and sister each of you will get 1/3rd share in property of your grandfather. Your mother will not be entitled to a share till your father is alive.

So as discussed if it's ancestral property all of you constitute a joint family and property belongs to all of you jointly.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

If it is the anscestral one then you but sister also might get something depending pup on few things which are not clear at your end in the present query.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

If your grandfather is living then he will be the absolute owner of the house property where you live with your family members.

If your grandfather is not living, then this property shall devolve equally on all his legal heirs provided your grandfather is reported to have died intestate.

In that case your father is entitled to a legitimate share in the property.

If your father is medically proved that he is mentally challenged then you may apply for court guardian to take care of your father and his property.

After being appointed as court guardian, the guardian shall take care of the properties that belong to your mentally challenged father till his lifetime, after which the properties shall devolve equally on all his legal heirs.

Thus during the lifetime of your father, this property cannot belong to a third person, be it his children or wife or anyone.

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T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

1. Typically the First owner shall be the Father (son of Grandfather). AFTER his demise, the property shall belong to the residual legal heirs of Father. IF Grandfather is alive, THEN the rightful owner is the Grandfather.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

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