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  • Grand Mother property Rights after her Death

My Grand-Mother passed away few years back and she has a self-acquired property in Bnagalore. She has 1 son that is my father. My father has a relationship with another lady(Not sure if they are married) apart from my mom and she has one daughter. Now, I would like to construct a house on that property. Below are my questions in this Regard,

1. Who is the owner after my grandmother's death? My grandfather is also dead and the property is in my grandmother's name.
2. Can that other lady/her daughter(Minor 12 years) claim rights on that property?
3. Can The other lady/step and her daughter give away their rights through release deed.
4.Can my Dad sell the property without my consent.
5.My dad is telling that he will write a will stating that the property should come only to me after his death. Is that WILL valid? 

Please help me with these questions
Asked 4 years ago in Property Law
Religion: Hindu

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17 Answers

1. Your father being only son is absolute owner of the property.

2. Your father can dispose the property on his will or after demise the daughter shall have equal right as you, also in case the other lady is married to your father she will also have right.

3   yes they relinquish there share but in life of father he is only owner.

4. Yes he can freely sale it.

5 Yes the will is absolutely and valid.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1.If your father is the only child to your grandparents and if the grandparents have died intestate (without executing a WILL), then your father, being the only legal heir will succeed to the property.

2. During the lifetime of your father, no body will have any right over his property, including his wife and children/other lady and her minor daughter.

3. Since the other lady and her minor daughter have no right during the lifetime of your father, they will not be able to relinquish their rights over the property by executing a Release Deed now itself, i.e., during the lifetime of your father.

4. Your father is an absolute owner of the property and he is absolutely free to sell his property.

5. Perfectly O.K.

Shashidhar S. Sastry
Advocate, Bangalore
5144 Answers
314 Consultations

5.0 on 5.0

on grand mother demise your father  would be absolute owners of property

 

2) other lady has   no share in property

 

3) no release deed can be executed as they have no share in property 

 

4)your consent is not necessary for sale of property 

 

 

5) will is valid 

Ajay Sethi
Advocate, Mumbai
94902 Answers
7570 Consultations

5.0 on 5.0

1. Who is the owner after my grandmother's death? My grandfather is also dead and the property is in my grandmother's name.

A-1. After the death of your grandmother, your father is the legal owner of the said property.
2. Can that other lady/her daughter(Minor 12 years) claim rights on that property?
A-2.. No. However, your father can gift, sell, relinquish and deal with the property in whatever manner he wants.
3.. Can The other lady/step and her daughter give away their rights through release deed.
A-3. They can do so after the death of your father.

4.Can my Dad sell the property without my consent.
A-4. Yes. He can enjoy the property during his lifetime in whatever manner, he likes.

5.My dad is telling that he will write a will stating that the property should come only to me after his death. Is that WILL valid?
A-5. Yes. He can do so and the Will is valid. However, your father can gift the property to you by virtue of Gift Deed during his lifetime.

Dalip Singh
Advocate, New Delhi
1085 Answers
36 Consultations

5.0 on 5.0

After her death, sole owner is your father. None have any say in the land. And if your father died intestate than daughter will inherit equal with you. Another lady have no claim without marriage.

In father life time, none have any claim. Father can sell it.

Will will be valid.

 

Yogendra Singh Rajawat
Advocate, Jaipur
22669 Answers
31 Consultations

4.4 on 5.0

Will can be change in his life time. Will is effective after. NO right of any.

If your father died intestate or revoked the WILL than her daughter can claim share but not she.

Without divorce secodn marriage is void.

 

Yogendra Singh Rajawat
Advocate, Jaipur
22669 Answers
31 Consultations

4.4 on 5.0

1) will can be revoked by father in near future 

 

2) will can be challenged by other lady 

 

3) father can execute gift deed during his lifetime in your favour . get it mutated in your name then construct house 

 

4) second marriage is illegal 

Ajay Sethi
Advocate, Mumbai
94902 Answers
7570 Consultations

5.0 on 5.0

1. A person can execute a WILL any number of times but the last WILL will only be considered as the valid WILL. Your father can change the WILL after its executed. The unchangable WILL is the last WILL that is executed prior to his death.

2. If the WILL is a valid one, then the other lady can't have any rights over the property, after your father's death. If you are named as beneficiary of the property through your father's WILL, then the other lady can't claim.

3. Let your father WILL the property to you now itself, so that you can construct a house immediately, to avoid other claimants from claiming the property after your father's demise.

4. Illegitimate children are entitled to their share in the parents' self acquired property. 

Shashidhar S. Sastry
Advocate, Bangalore
5144 Answers
314 Consultations

5.0 on 5.0

If she died without will then your father and other legal heirs if any will be the owner including you. 

You can do the construction provided you have possession and no one objects to do so from the othwr legal heirs. 

No there is no unchangeable will. Will call be changed by the Testator any no of times before his death. If he wills the same in your favour and dies then she loses her share. 

The best approach will be ask your dad to gift it to you. Then it will become your property

 

Prashant Nayak
Advocate, Mumbai
32049 Answers
183 Consultations

4.1 on 5.0

The owner will be your father after death of your grandmother.

You daughter from that lady can claim share only if your father dies intestate. Or he write share to her through will or gift deed. 

Lady will have no share over the property even if your father dies intestate but you need release deed from the daughter.

Yes your dad can sell property without your consent.

Yes the will by your father will be valid. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

After her death and in absence of Will, the property will devolve on her son. 

Illegitimate wife cannot claim anything.. 

An illegitimate child can inherit the property . 

consent not required your father can sell . 

Will becomes enforceable only after the death of the testator only. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

once a registered will has been made, any subsequent will made should also be registered to be effective. A person can revoke a will anytime during his lifetime. A will can be changed, revoked or altered by making a new will. 

Will can be challenge by other and Illigimate son. 

better execute gift deed In your favour. 

without divorce second marriage is illegal. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. Since your grandmother died intestate her property devolved through intestate succession on your father absolutely if he is the only child of your grandmother.

2. The class 1 heirs of a Hindu male are his mother, widow and children.  During your father's lifetime none of his heirs have any share in his property. The other woman is not a heir to your father as she is not his lawfully wedded wife. However, any child born out of your father's relationship with this lady will be a heir to your father.

3. Your father is free to alienate or bequeath his property to anyone during his lifetime without anybody's consent. There are no fetters on the right of an absolute owner to alienate or bequeath his property.

 

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. A will can be changed by the testator as many times as he wants. He can make a fresh will everyday. Subsequent will is automatic revocation of the previous will.

2. By making a will the testator can exclude his legal heirs from natural succession.

3. Will comes into operation only after the lifetime of testator. Hence, if you want to construct a house on the land and become the owner thereof during your father's lifetime then he has to execute a gift deed in your favour.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. There is no concept as such of unchangeable will. He can change will any time he wishes.

2. No in case there is will no.other person then you has any right on the property.

3. See you can get a registered will from your father for the property. See in case father doesn't change will she will have no right.

4. See if other lady is married to father then she can have right though the daughter is biological child she will surely have right .

Also in case other lady married to your father and her marriage is not challenged before the court then in that case she will be treated as wife.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1.  The property left behind by your deceased grandmother upon her intestate death shall devolve on her own legal heirs consisting your father and her another daughter.

You cannot claim ownership to that property by any means.

Hence you cannot construct any structure on that property which do not belong to you.

2. no, she ha no rights in that property.

3. Not necessary, since they do not have any rights in that property, there is no necessity to obtain any release deed from them for this

4. Yes, he can very well sell his share of property without taking your consent or permission.

5. He can bequeath the property to your name through a Will.

 

T Kalaiselvan
Advocate, Vellore
85098 Answers
2213 Consultations

5.0 on 5.0

1.  Your father can change his Will anytime during his lifetime, there is no such thing called unchangeable Will.

You may have to have trust in him and wait for the event to happen.

2. No, she has no rights in it.

3. You cannot do anything about it until you get the possession of property on your name.

4. That lady do not have any rights in  this property.

 

 

T Kalaiselvan
Advocate, Vellore
85098 Answers
2213 Consultations

5.0 on 5.0

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