Hi,

You are suggested to confirm the mode of transfer of property to you and sisters. If it is by gift deed, then the property belongs to you and sisters from the date of that deed.

Hi,

You have not mentioned how the property was transferred to you and your sisters by your Grandfather.It is very important for us to know the way it was transferred for correct analysis. Also from your narration this property seems to be a self acquired property of your grandfather.

In case, your grandfather transferred the property through a "Gift Deed" to you and your sisters, then it is perfectly valid transfer and you along with your sisters are the owners.

Requesting you to specify the procedure of transfer of the property to you and your sisters by your grandfather.

What was the mode of transfer of property in your and your sisters name?

Your aunt is trying to misguide you. After the death of your grandfather if there was no valid will or any kind of legal transfer to any person, his children and his wife would have equal share in the property.

If said property transferred through gift deed then your aunts don't have rights to claim.

1) if grand father died intestate then property would have devolved on grandmother , your father and his siblings ie your aunts 

2)in your case if grandfather transferred property in your name and that of your sisters by gift deed you would be absolute owners  of property 

3) your father , aunts , grandmother would ha e no share in property 

See of the grand father transferred house to you with a registered deed then you have absolute right over the house in case there is no gift or transfer deed registered by grand father and also there is no will then the grand mother , father and his siblings shall have equal share in the property.

If it is transfered to you before death willingly and the same was his self acquired property then no one will have any claim or share

1. If the house was grand father's self acquired home s it appears from the version of your aunts then your grand father had all the rights to transfer this property in his lifetime to anyone he chose.

Since he chose you and your sisters, the transfer was very much valid and binding upon everyone and your aunts can never challenge this transfer at all.So the claim of your aunts have no basis in the eye of law and you can deal with the property in any manner you choose. 

As your grandfather had already transferred the flat in you and your siblings name during his lifetime, it became you and your siblings property during your grandfather's lifetime and no longer his property. 

So your aunts are wrong. You and your siblings have exclusive and unfettered rights over that flat, irrespective of any will of your grandfather

If the grandfather had made gift deed to transfer or just transfer the title on your name and siblings. Needs to check what type of document has been prepared at that time and got the registered that property.

Before 90 its had been done so they don't have any rights as of now as per the limitations act.

Kindly check the agreement or deed which was prepared to transfer property on your name and all terms and conditions in it.

Dear Client,

All the legal heirs have rights in the property of the ancestors if there is no will.

1. Since the property was the self acquired property of your grandfather, he had the absolute right to have given the property to you and your siblings. However there should be adequately stamped registered document executed by your grandfather in favour of you and your siblings.

2. Perhaps you may have Gift Deed executed by your grandfather in favour of you and your siblings.

3. To execute WILL, a person should be the absolute owner of the property. In case your grandfather had executed a WILL for his properties, including the property in question, after executing a Gift Deed in favour of you and your siblings, then the WILL executed by your grandfather is legally invalid, as at that point of time he was not the owner of property.

4.  Let us consider the other situation. In case your grandfather had not given the property to you and your siblings and had died intestate (without executing a WILL), then your grandfather's self acquired property shall devolve equally to your grandmother and her children, including your father and aunties and not the way it has been quoted in your narration.

5. If you and your siblings have adequately stamped and registered Gift Deed executed by your grandfather, then there will not be any problem, even if the aunties stake claim now.

If the house was transferred to grandchildren by grandfather under a Registered title document then they become legal owners and the aunts have no say 

As when the grandfather died, the above house, which already stood transferred in his lifetime, would not form part of his estate for distribution among his legal heirs

Through what mode , property trasfer in you ? Gift ? settlement ?

If the transfer is registered it legally binds all concerned . Make sure you or any of your kith and kin are in possession .

Regards 

G.Rajaganapathy 

Dear client 

The property was purchased by your grandfather and he was the sole owner of that property and in his life time he transfered the property to his grandchildren that is to you and your sisters name.

So the property will belong to you without any will and you will remain the legal owner of the property and you can dispose it use the property as and when you want. Let your aunt say what they want to say it can't effect your ownership of the land given to you by your grandfather 

1. You have mentioned in your query "My grandfather a few years before his death transferred the house to me and my sisters.".

2. How was the said transfer taken place? Did he register a gift deed in your favour for transferring the title of the said property in favour of yourself and your sister?

3. If yes, then you and your sister are the absolute owners of the said property on which nobody can raise any claim whatsoever.

If your deceased grandfather had transferred this property to your names by a registered document then your paternal aunts cannot make any claim this way.

Their claim is not maintainable in law or facts if the transfer was done by a registered deed.

If the transfer was oral then your paternal aunts, your grandmother and your father alone, as legal heirs are entitled to succeed the property and not you as grandchildren especially during the lifetime if your father.

1. Since you are unsure of whether there is a will, how did he execute the transfer to you and your sisters? To put it plainly, did he execute a gift deed? 

2. The right of true owner to alienate his property during his lifetime in the manner he desires is indefeasible. So if he has executed the transfer through a proper instrument of transfer then title has passed to you and your sisters, so your aunts have no share in the property.

1) you are absolute owner of property as per grand father will 

2) your aunts have no share in property and it is duly transferred in your name 

3) however you should maintain your grand mother if she has no place to stay 

Yes she can file for maintenance and physical care under senior citizen act. You can sell the house as per your wish.

Yes you should at least makr arrangements for the grandmother to stay

the grandmother though not a natural guardian but in this case is a de facto guardian and hence can as the de facto guardian of the grandchild can claim maintenance

House is yours but you should take care of GM, after all this property receive from her husband .