• Rights of my mother and me as grandson on grandparents property

Hello Sir,
Myself Akash. I have a query over my grandfathers self acquired 2 storeyed house. My paternal grandfather (father of my father) has 2 sons and 1 daughter (my father being elder and my uncle as second son and daughter is in middle of my father and uncle) . My grandfather had a 2 storey bunglow on which he made a "registered Will" that after his death top floor goes to his elder son (my father) and first floor goes to my uncle and for daughter he gave only blessings and no shares in his property. Its also mentioned that My father will be responsible to look after and take care of my gramdmother who is still alive and also mentioned that my grandmother shall have right to stay in the bunglow untill her death but have no rights to sell it, however if she gets deprived by my father and uncle then she will have the rights to do anything she wills to do with the bunglow. 
Now My father died suddenly in year 2006, my mother is a widow and my uncle and unty is still alive having( 1 son and 1 daughter who is already married).

1.My question is Does my mother have the legal rights to stay in the bunglow after my grandmother's death?

2. Can my uncle claim for the whole.property and deprive My mother and myself from the property after my grandmother dies?

3. Do l will be having any share in this property as greater grand son?

4.Can my grandfathers daughter claim anything over the property after my grandmother death.?
Asked 4 years ago in Property Law
Religion: Hindu

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17 Answers

The property was willed to your father and your uncle. The mutation must not have been done but yes the property belongs to your father's heirs ie you and your mother.

No he cannot as you are also a shareholder.

Now as your father is no more half of the property belongs to you and your mother and your siblings.

Your aunt has no share.

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

1. On demise of your father you and your mother along with any other sibling has equal right on father's share in property.

2. No uncle has just right on his share he cannot deprive you or your mother in life or after demise of grand mother.

3. In your father's share you will have equal share along with your mother and sibling if ant.

4. She has no right.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Hello,

You and your mother has the right to claim the share of the property.

Regards

Swarupananda Neogi
Advocate, Kolkata
2963 Answers
6 Consultations

4.7 on 5.0

Father resposnibily transfer in you and mother to look after grand mother.

Your father share transferred in you and mother equally.

Uncle have only half share as per Will.

You have half share in top floor and you and mother have equally half share in land.

Daughter have no share.

Yogendra Singh Rajawat
Advocate, Jaipur
22590 Answers
31 Consultations

4.4 on 5.0

On father demise his share in property will devolve on your mother , you and your siblings 

 

2) your mother has rights to stay in bungalow 

 

3) uncle cannot claim the whole property 

 

4) your grand mother share will devolve on her daughter and other siblings . She can claim share in property 

Ajay Sethi
Advocate, Mumbai
94511 Answers
7484 Consultations

5.0 on 5.0

1. since your father was beneficiary to the extent of half portion i.e. top floor, thereafter, after his (your father) demise you+siblings, your mother including the grandmother become the legal heir of the property, in this context, your mother have legal rights to stay in the said portion after death of the grandmother,

but at the same time another point to take note is that after the death of the grandmother, her share will devolve among her legal heirs i.e. your father (since your father is not alive therefore among you+siblings and your mother), your aunt (bua) and your uncle.

2. no he cannot claim the whole property,

3. yes, you have a share in the property

4. yes, she can claim her share if the grandmother died intestate,

you can ask the grandmother to transfer the share in your favour

since the matter is a bit complicated, therefore, you should contact a lawyer for a thorough discussion,   

Suneel Moudgil
Advocate, Panipat
2378 Answers
6 Consultations

4.8 on 5.0

1. According to WILL of Grand Father, the property stands in name of:
a) Father = 50%
b) Uncle = 50%
c) Aunty = 00%
d) Grand Mother: Life Long residing rights

The above now CANNOT be legally changed or challenged.

2. On death of Father, 50% property will go EQUALLY to his Wife & Children. And Uncle, Aunty and Grandmother do NOT get anything at all from Father's share of 50%, ini anyway whatsoever (atleast legally).

3. Uncle will be entitled to ONLY his own 50% and will be liable to look after Grandmother (in absence of your Father).

4. IF any dispute comes up, THEN Wife & Children of deceased Father, will have to file a Partition Suit in the local Civil Court, to legally transfer 50% property of Father, in names of his Wife & Children.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Yes she will have a right in ancestral property share of your father or self acquired share of your father only

No he can't claim whole property if it's ancestral and if self acquired he can only claim of it's willed in his name completely. 

Yes you too babe share. 

Yes daughters will also have share in ancestral property

Prashant Nayak
Advocate, Mumbai
31800 Answers
175 Consultations

4.1 on 5.0

1. The property was bequeathed by your grandfather in favor of his two sons accordingly in the Will.

Thus as the legal heirs of one of the legal heirs, i.e., the legal heirs of your father, your mother and his children are entitled to an equal share i the property that was bequeathed in favor of your deceased father.

2. No, your paternal uncle cannot claim your father's share in the property for any reason, he has to be contended with the share of property allotted to him in the Will.

3. You as one of the legal heirs of your decesed father is entitled to a legitimate share in the property.

4. Since the property was transferred by your grandfather by a testamentary disposition during his lifetime, in which he clearly excluded his daughter from the bequest made, she is not entitled to any share in the proeprty, no claim by her in any court of law shall be maintainable. 

T Kalaiselvan
Advocate, Vellore
84709 Answers
2172 Consultations

5.0 on 5.0

1. After your Grandmother's death, even though your father is predeceased, your mother and all her child/children have equal legal rights over the top floor.

2.  After  your grandmother's death, your uncle can't claim exclusive right over the entire property as his own and can't deprive your mother, you and your siblings, if any.

3. After your grandmother's death, you and your mother will have equal share over the top floor of the two storied grandfather's house (Assuming that you are the only child to your parents).

4. After Your grandmother's death, your aunt ( your father's sister ) will not have any right over the property, in view of grandfather's WILL bequeathing the top floor exclusively to your deceased father.

5. After your grandmother's death, the partition of the property can be effected by a registered Partition Deed earmarking top floor to you and your mother.

Shashidhar S. Sastry
Advocate, Bangalore
5067 Answers
314 Consultations

5.0 on 5.0

Sir you need not worry.

1. Yes, after the death of your father, your mother, you and your sibling get equal right on his property as the property was Willed in his fovor.

2.  No he can not claim any right as there is Registered Will existing in your fathers favour.

3. yes you are the legal heir of your father, you  have all the rights in his property share.

4. no she can not claim

Archit Vasudeva
Advocate, New Delhi
260 Answers
2 Consultations

5.0 on 5.0

Dear Sir/Madam, 

Being legal heirs of your father, you and your mother have all the rights to enjoy the property of your father's share today and after grand mother's death. You are suggested to fulfill all the obligations towards the grand mother as you have stepped in the shoes of your father. Further, your uncle can't claim all the property and you will remain the owner of the property of your share. In this regard, you are suggested to get the mutation of done in your or your's mother's favour. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Hi

1. Yes

2. No, get the property transferred to respective names on basis of the will.

3. You will be the owner of the share of your father. 

4. No.

Thanks 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

1) Yes your mother has right to stay in the Bungalow.

2) No your uncle cannot claim property

3) Yes have right and can claim.

 4) Your grandfather's daughter can claim her share through her mother.

 

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Dear Sir,

 

After the death of your  grand father it naturally devolves on the following formula

 

Section 8 in The Hindu Succession Act, 1956

  1. General rules of succession in the case of males.—The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter—

(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;

(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule;

(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and

(d) lastly, if there is no agnate, then upon the cognates of the deceased.

 

Hindu Succession Act, 1956 [Section 8]

HEIRS IN CLASS I AND CLASS II

 

CLASS I

Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.

 

CLASS II

  1. Father.
  2. (1) Son’s daughter’s son, (2) son’s daughter’s daughter, (3) brother, (4) sister.

III. (1) Daughter’s son’s son, (2) daughter’s son’s daughter, (3) daughter’s son, (4) daughter’s daughter’s daughter.

  1. (1) Brother’s son, (2) sister’s son, (3) brother’s daughter, (4) sister’s daughter.
  2. Father’s father; father’s mother.

VI.. Father’s widow; brother’s widow.

VII. Father’s brother; father’s sister.

VIII. Mother’s father; mother’s mother.

  1. Mother’s brother; mother’s sister.

Explanation : In this Schedule, references to a brother or sister do not include references to a brother or sister by uterine blood

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

1. Yes your mother have rights in property as legal heir of your Father along with you. 

2. No your uncle cannot derive you and your mother from property after death of grandmother as she doesnt have any rights on the property of her husband as described in will of your grandfather.

3. Yes you have share in property as per will of your grandfather, share of your father will devolve among you and your mother equally.

4. No your aunty cannot claim any share from property of her father as no share was given to her as per will of her father.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

After the death of your father his share will devolve on class 1 legal heirs i.e you and your mother and sister if any. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

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