• Grandmother's property

My  grandmother purchased a property in the name of my grandmother and died intestate [Died without a legal will or doing partitioning], My grandfather had 3 sons though one of my uncle have died in cancer.
My father is elder and we are two brothers.
Our elder uncle have no kids.
Our younger uncle is having one daughter who is married.
Both of our brother staying outside from our grandmother's property.
Now my younger uncle is trying to promote the property by convincing our father and bypassing both of us. 
The mutation also not yet been done for the property.
  
My question is whether we are entitled for the share of that said property.
Can we provide a stay on the property for not being promoted without our share?
Asked 1 year ago in Property Law from Kolkata, West Bengal
Religion: Hindu
1. Since you are from Bengal you are governed by the dayabhaga law of succession.
2. So on the death of your grandmother your father and surviving uncle alone are co-sharer of the property in which you have no share at all.
3.  Unless your father disagree on this development plan you can do nothing. 
Devajyoti Barman
Advocate, Kolkata
5179 Answers
54 Consultations
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1. Yes she has if her husband died after death of his mother. If your uncle died prior to his mother then the widow aunt has no share in the property.
2. You have no share. So you can't do anything.
Devajyoti Barman
Advocate, Kolkata
5179 Answers
54 Consultations
4.9 on 5.0
1) grand children have no share in property during their parents lifetime 

2) no stay would be granted by court as you dont have any share in the property . 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
1) on demise of your grand mother each son has 1/3rd share in property . thus your father has 1/3rd share in property 

2) the 1/3rd share of deceased son would devolve on his wife ie your widow aunt 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
Hi
 all children of your grand father will have equal share.
the widow of your deceased uncle will have one equal share which is her husband's share.
Your father will have one equal share which will come to you and your brother once his death.
If your dad is alive and you want share in the grand father's property you convince him for that , since it is not ancestral property handed over for the past for generations, your share while your father is alive is not possible.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
Hello,
1) The property in question is not ancestral in nature as it was bought by your grandfather.As the owner of the property died intestate  the property will devolve on the legal heirs.

2) The legal heirs in the current instance are the three sons; as one of your uncles passed away the widowed aunt if she has not remarried can stake an equal right along with the other two brothers.

3) As long as your father is alive you cannot stake any claim or move a petition to get any stay order against alienation of any kind. You will need to get your father convinced about any legal stand as he has  a stake in the property. 
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1. The property is not an ancestral property and your grandmother had purchased it,

2. Your father has inherited his share of his mother's property, who died intestate,

3. So, you have no right on the said property in any way during the life time of your father. 
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
5.0 on 5.0
1. Yes, that is understood,

2. So, your grandmother was the absolute owner of the said property share of which was inherited by your father.
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
5.0 on 5.0
1. Your Widow Aunt has 1/3rd share (being her husband's share) of the said nproperty,

2. You have no share on the property during the lifetime of your father,

3. So, your stay petition will fall flat on the first day itself.
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
5.0 on 5.0
The property on the name of your grandmother is her absolute property.  She died intestate, therefore the property will devolve equally among all her legal heirs and not on her grandchildren. 
The legal heirs, i.e., your father and his brothers and sisters will be equally entitled to a share n the property left behind by the deceased grandmother. 
You have mentioned about your widow aunt, who is she, whether your father's sister or your deceased paternal uncle's widow?, in either case she is entitled to a share in the property. 
If she has been denied or not considered for a share or her consent has not been obtained, she can very file suit for partition seeking her share in the property and also file an application for injunction restraining the defendant from alienating the property. , 
Only she is entitled to file a suit or injunction application and not you as grandchild.
T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
5.0 on 5.0
Grand mother is the absolute owner of the property and grand children have no share in property during their parents are live.In your case your Widow Aunt has 1/3rd share.You have no legal right to getting a stay order against alienation of any kind
Ajay N S
Advocate, Ernakulam
1910 Answers
19 Consultations
5.0 on 5.0
1. The one in whose favour the property is registered is the lawful owner of the property. 

2. Since the owner i.e your grandmother died without a will all her children have succeeded to the property equally.

3. During the lifetime of your father you have no share in the property.

4. Your widow aunt has inherited the share of her deceased husband. She can cull out her share by filing for partition in the court.

Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
Since you have no share in the property you cannot seek a stay order.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0

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