• Grand daughters right in grandma's property

Hii Sir/ Madam,
We have a property in name of my grandmother purchased by my grandfather in Pitam Pura, New Delhi the question is regarding that property only.

We are two sisters out of which i am unmarried and my sister is married. My parents left our grand parents' house before our birth but we kept visiting them regularly.Later in 1999 my father passed away and since then we are the victims of our paternals. My father has three brothers one is my tauji and two chachas i have.

So, due to family's need our paternal house was reconstructed with everbody's consent and share of capital in which my mother also contributed 175000/- as they said that MCD doesn't allow fourth floor construction so they constructed a room (9x9),a kitchen (4x4) & a Bathroom (4x4) of which they never offered us possession which my mother tried 2-3 times.

Now my mother has also passed on 31-12-2014 and they not even allowed her funeral from Pitam Pura. So, i want to claim my property in grandma's house.

So,is there any provision for me to claim anything in that property.
Asked 1 year ago in Property Law from New Delhi, Delhi
Religion: Hindu
1) on your father demise his one third share in grand mother property would devolve on your mother and you . on your mother demise you would inherit your father share . i presume you dont have any siblings 

2) issue legal notice to uncles to claim your share in property 

3) if they refuse file suit for partition to claim your share in the property 
Ajay Sethi
Advocate, Mumbai
23237 Answers
1219 Consultations
5.0 on 5.0
1. The heirs of your grandmother are her children as she was predeceased by her husband. On the demise of your father his share in the property of your grandmother devolved on his children and widow. So you and your sister can cull out your share in the property of your grandmother by filing a lawsuit for partition in the court.

2. It is immaterial whether your mother gave money to them or now. What is material is whether you have relinquished your share in their favour through a relinquishment deed or family settlement. If the answer to this question is in negative then you and your sister can claim your share in the property.

Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
Issue a lawyer's notice to your uncles to claim your share. If they deny your rights in the property then move to court through a lawsuit for partition.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
1) if your grand mother is still alive dont file any case now 

2) if your grand mother dies without a will you and your sister would inherit your father  share . 

3) if your grand mother was not working and grand father had advanced money for purchase of house you can claim share on grounds that  house was bought for bnefit of joint family 

4) legal fees vary 
Ajay Sethi
Advocate, Mumbai
23237 Answers
1219 Consultations
5.0 on 5.0
In your grandmother's property, during her lifetime nobody has any right to claim a share in the property, including your father.  Your deceased father had a right only if your grandmother died intestate and your deceased father's share in the property shall devolve equally on all his legal heirs.  
You have not stated whether your grandmother is alive or not, if she is no more, whether she survived your father or he survived her?
If your mother has invested in the property, if you have proofs for that, you can claim that amount from the people who enjoy that property now with interest. 
You can give answers to all the above questions to get proper opinion/advise to your problem.
T Kalaiselvan
Advocate, Vellore
14008 Answers
127 Consultations
5.0 on 5.0
1. Sir my grandma is still alive and what if she denies to give us our share?
2. and i have one sibling, my sister who is married since 2012.
3. what can this case cost to me any idea about it?

If your grandmother is still alive then as per law she is the absolute owner and nobody has any right over the property.  
If your uncles have forcibly taken away the possession of property from your grandmother, then only your grandmother has a case against them and not you.  
Neither your mother, sister nor you have any rights over the property, especially during the lifetime of the property owner, i.e., your grandmother.  
Any litigation you may propose to initiate at this stage may not be maintainable or tenable in law. 
Before taking any hasty decision consult a knowledgeable lawyer in the local and proceed as per his advise on all such further issues. 
T Kalaiselvan
Advocate, Vellore
14008 Answers
127 Consultations
5.0 on 5.0
1. If the property stands in the name of your grandmother then she can give this to anyone she chooses. You have no right of share unless she does interstate.
Devajyoti Barman
Advocate, Kolkata
5198 Answers
54 Consultations
4.9 on 5.0
Hi, you to file a suit for partition of your share in the property so you are the legal heirs so they can't deny your share in the property.

2. It is the self acquired property of your grandfather and he died intestate and after his death all the legal heirs have right over the property.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0

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