How far my grandmother and my aunt have a right on the property?
My grandmother (father's mother) and my aunt (father's sister) has filed a suit for partition and separate possession. My grandfather before his death has transferred the property to my father and me. I would like to know how much right do they have on the properties acquired from my grandfather. My grandfather has expired 10 years ago, and this suit was filed as a grudge.
Asked 3 years ago in Civil Law from Hyderabad, Telangana
1) how was property transferred by grand father?
2) was it by gift deed duly stamped and registered?
3) you will have to contest suit on merits . engage lawyer and file reply in suit proceedings
4) only if your grand father had died without will and not transferred property during his lifetime would grand mother , aunt have 1/3rd share in property
1. How was the transfer made? Was it made by a will or family settlement?
2. If the transfer has been made in accordance with the law then you and your father have become the owners of the property. Your grand mother and aunt have no share in the properties.
3. The above being said, you should contest on merits the case filed by them as the result of a judicial proceeding is always uncertain.
It is not clear from your case as to the mode of the transfer, was it by way of settlement or through a registered Will? If the transfer was made through a registered will then you and your father are the owners. The aunt and grandmother does not have any share if in the Will he has sequestered them. However if the transfer was not made in accordance with law, then the gradmother and aunt have 1/3 share in the property.
Hi, if the property was ancestral property then they have every right to claim the property it is better you can compromise the matter.
1. How has your grandfaher transferred the title of his property in favour of your father and you?
2. Did he execute and register an Gift Deed or Settlement Deed after paying the stamp duty? or Was it a will executed by him? If it was a will then did you get probate on the said will?
3. Did you get your names mutated in land records for the said properties after you have acquired it?
4. If Title of the property has been legelly conveyed in your and your father's name, the you two are its joint absolute owner,
5. Your garndmother and Aunt has no merit in the case filed by them in connection with the said property.
If the property which were transferred by your grandfather to your father and to you was ancestral property i.e coparcener property and not acquired by him, your grandfather could not transfer such property as per his desire but should have been as per the Hindu Succession Act. As your grandmother and aunt is alive they have right to claim their share in coparcener property whether or not your grandfather has given it to you and your father.