• Step grandmother's property

My Grand father has 2 wife's. He got married to second one while the first one was still alive. Grandfather bought property on the name of second wife who is step Grand mother to me. 

Will I be eligible to cliam the property share ?

Grand father, mother n step Grand mother are not alive.

- step Grand mother sons n daughters has got a fabricated will written on their names by Grandfather n grandmother. they claim that grand mother bought property with the moneyshe got as dowry. We are staying at the same place since 1968. Since they got the will , asking us to move out.
Asked 6 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

9 Answers

The property that was bought on your step grandmother's name by your grandfather shall be her own property.

If she is reported to have died then it may devolve on her own legal heirs consisting her own children and not including the children of the first wife.

If she has executed a Will on the said property and has died  then the beneficiaries of the Will shall acquire the properties left behind by her. 

In my opinion, even if there was no Will, if the property title document was on your step grandmother's name then her own legal heirs are entitled to inherit the property left behind by her.

Therefore before deciding to file any law suit claiming any share in the property, you may better discuss with a local advocate by producing all the relevant papers before him/her and decide further course of legal action on this.

 

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

You have to file suit for partition to claim share in property s it was bought in grand mother name for benefit of joint family 

 

refuse to vacate premises 

 

let them file suit for eviction 

 

 

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

You can file a suit for partition of property by metes and bound.

as per law as a grand child you are entitled to equal share in the property.. 

you can challenge said will in court of law. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Yes, you have equal share with step siblings.

If will is forged than have to prove it. Without will, all child have 1/3rd share each.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

No you are not eligible to claim any share from the property in name of step grand mother.

See if they file suit you can contest same and can drag the issue for long though result in same is uncertain.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

If the said marriage is before 1955 and you are a hindu then you will definitely get share. Otherwise it will be difficult to get the legitimate share being second marriage illegal

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

1. You can file partition suit for getting share from property of step grandmother as their legal heirs.

2. If they produce the will in court then you can object on ground that will is forged and if will was present then why didn't they apply for execution of will. 

3. Till decision of suit you can apply for injunction orders for maintaining status quo.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

1. IF you can documentarily prove (Bank Statements, Income Tax Returns, Purchase agreements, Step GM's source of income etc....) and by supporting witnesses, that GF acquired the property with his own earned money, THEN you can stake your claim in GF's property by filing Civil Suit of Claim, in the local Civil Court.

2. The above is irrespective of the fabricated Will or Dowry criteria or anything else. Dowry is received by the Male side (GF) and GM cannot receive any Dowry. There should be documentary evidence of source of money of Step GM, to buy property.

3. Under no circumstances, You CANNOT be legally asked /directed to move out of the GF's property without a Court Order (which will take another 20 years).

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Dear sir

If you are in settled possession then produce all the documents and get stay order by filing suit for permanent injunction. Let them file a suit for declaration and recovery of possession on the basis of such will which may not be proved by them . 

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer