Grandson right towards Grandfather's property
My grandfather earned few property including 10 acre of land and a house. He had 3 daughter and a Son. He passed away 1986. My uncle(Age :65) got release order for property from 2 of his sister (my mom (age 67) and my moms sister (Age :62) ) in 2007. Since the other sister is no more. For all this property my grandfather doesn't made any "will", Property were in his name for which my uncle got release order from 2 of his sister.
We are 3 grandsons. Does we have any rights to sue on the property since all 3 of us are major by the time my uncle got the release order for the property from our parents without our acknowledgement and we haven't signed any document. Does our sign is required or not. Please advice us whether we can approach legally for our rights or Not, If yes please let us know the procedure to do that.
Asked in Property Law from Bangalore, Karnataka
After the commencement of Hindu succession Act, 1056, the property of a Hindu male dying intestate devolves upon the legal heirs as per provisions of Act. Firstly it devolves upon class I legal heirs who are sons, daughters, widow and mother. In your case the property was inherited by three daughters and a son getting one share each, considering that your grandmother did not survive by your grandfather. Since two of the legal heirs, including your mother have relinquished their share in favour of their brother he becomes owner of 3/4 of the estate. I may add that the released deed executed by your mother and aunt has to be registered as per the Registration Act and without registration it has no value. The position was quite different before the introduction of the HSA.
Advocate, New Delhi