• Grand daughter's right on grandfather's property

Respected Sir/Madam,

My mother's side grandfather died before 5 years and his self owned property ( a house) has been sold for cash and divided and my mother being his daughter, got a share of 33 lakhs/ before 4 years. Since my father has expired, my brother received this share by cheque and used 13 lakhs for his own and he bought a land (1800sq.ft.) for 30 lakhs in my Mom's name. That time he said, Me and Mom can have  this land share for both of us as he took his's. Now he got married and has 5 months old son. Now my sister in law took the land document from my mom and kept it with her. My brother is telling 2 different things to my Mom now. 1. He is asking my mom to transfer the doc. to my SIL's name as she is working and he needs to avail loan from the land. 2. He can sell the land and make 3 shares and have 1 share for him. and my Mom's share too as she will stay with him. and 1 share for him..Even my Mom  is not clear as she thinks only her son can decide and use the  share most. I dont know how to handle this as my mom is not clear on her decisions. Can you pls help me 
1. whether I have the right to claim my grandfather's share now though its in my Mom's name now.
2. How much is my right to claim now.
3. Does my brother and my Mother has the right to claim on this remaining portion and how much they can claim.

Kindly help me ,in what way I can initiate steps to get my share  if applicable.	

Thank you.
Asked in Property Law from Chennai, Tamil Nadu
1)it was your grand father self acquired property . on his death your mother received her share of the property . you have no claim on amount of Rs 33 lakhs received by her . 

2) you have no claim in the land bought in your mother name . your mother can  bequeath /gift the land to whomsoever she desires 

3) it is only if your mother dies intestate ie without any will would you and your brother have 50%share each in said land
Ajay Sethi
Advocate, Mumbai
28629 Answers
1555 Consultations

5.0 on 5.0

1. It was originally your Grandfather's self acquired property which was sold and your mother got her share of Rs.33 Lakhs,

2. She is the owner of the said amount of Rs.33 Lakhs and the said 1800 SFT of land purchased by her & no body can have any claim on the same. She can gift the same or any portion of it to anybody she desires,

3. Probably your brother knows about it, for which he is getting things done in his or his wife's favour by your mother,

4. Once the title of the property is transferred in his or his wife's name, you can not do anything about it, 

5. You have no other way but to convince your mother and get a Gift Deed of a portion of the property registered in your favour,

6. Handle the matter tactfully.
Krishna Kishore Ganguly
Advocate, Kolkata
13980 Answers
310 Consultations

5.0 on 5.0

May be your mother received Rs.43 Lakhs as her share in your maternal grand father's property. In that Rs.13 Lakhs was used by your brother and he bought a land in your mother's name for Rs.33 Lakhs. Your mother is the owner of that land and it will be her wish and will to gift the entire/portion of property to any body, including her children and can also write a WILL indicating the property to devolve in the manner she desires and to whom, after her death. However if your mother dies without leaving a WILL, then you & your brother will have 50% share over the land. Best option for you would be that your mother executes a gift deed in your favour for a portion of the property.

Do not allow your mother to transfer the ownership of the land to your sister-in-law and if it happens, you will not have any right over the land.  Convince your mother not to transfer the property in your sister-in-law's name and if it happens your desire to have a share in the property would not materialise.
Shashidhar S. Sastry
Advocate, Bangalore
1338 Answers
75 Consultations

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A. Your Mother is the absolute owner of the property and you cant claim any right over her share till died subject to without execution of will

B. No Right, this is her absolute property.

C. Same Ans A and B
B.T. Ravi
Advocate, Bangalore
758 Answers
38 Consultations

5.0 on 5.0

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