• Wills and partition of property

We live in a joint family (grandfather grandmother widow wife of 1st son with her 2 children (a boy and a girl) and 2nd son with a daughter and wife) we have a house (building of 3 floors ground 1st 2nd 3rd) which in under my grandmother's name is there any legal right of my mother in the property as a widow of the 1st son...
and also were planning to sell the house and to divide the money into 3 shares as follow 1st for grandparents 2nd share for widow daughter in law 3rd share for 2nd son 
I as a grandson suggested them to don’t sell the property and I will give the 3rd share to my uncle and as my grandparents decided to live with us will keep their share as well with me and will transfer the property on my mother’s name and once my uncle gets their share they will have to leave from house and my uncle also agreed to this
Later on my grandfather refused to give the ownership of whole property as per him he will keep the ownership of ground floor with him only and rest of the building would be transferred in my mother’s name and the ground floor would be transferred to my mother after his death  
To be honest I don’t trust my grandfather and my uncle even though I will be giving out 3rd share to my uncle right now but in coming future my grandfather can transfer the ground floor on my uncle’s name as he has a soft corner towards my uncle or might be possible that my uncle will force them to do so
But as a matter of fact my uncle is in need of money right now he and his wife came to me and said give us the 3rd share we will leave the house and will give you an affidavit/NOC stating that we don’t have any share in this whole house now and even if in future if grandfather would like to transfer the ground floor to them or to their daughter they will not accept it 
And also get this written on a legal paper that the ground floor would be transferred to my mother after grandfather’s death and he cannot transfer the ownership of the ground floor to any other person till death of even after that by making a will.
It is legally possible that I can have a NOC from my uncle and a legal doc stating the above lines from my grandfather so that the ground floor will remain with my mother only. Is this the legally correct way out as we don’t want any disputes in future
Asked 2 years ago in Property Law from New Delhi, Delhi
Religion: Hindu
1) it is self acquired property of grandfather your mother has no share during grandfather lifetime 

2) only if grandfather died intestate can your mother claim one third share in property 

3) your uncle has no share in property as on date 

4) your grandfather can execute sale  deed for one third share in property in your favour 

5) out of sale proceeds grandfather can give money to uncle and he can deliver vacant possession of second floor in your favour 

6) your grandfather is at liberty to bequeath property in will to whomsoever he desires 

7) your grandfather can execute gift deed of one floor of house in your mother favour 

Ajay Sethi
Advocate, Mumbai
45415 Answers
2667 Consultations

5.0 on 5.0

If the property is decided to sell, then better you have to purchase it own your mothers name. Legally the grand mother is the  owner of the property then she can sell the same to any person as per her wish.Only after the demise of grandmother, her legal heirs can claim the right over the property. 

Otherwise she made a gift deed in favour of your mother and also incorporated a condition for life estate of grandfather and grandmother in that gift deed. The clause of life estate protect their living right over the property up to their life time(clearly mention it is on  ground floor). The same time you may also take NOC from your uncle which may strengthen your protection from unnecessary litigations.

Will deed and other way of documentations are not advisable in present condition. 
Ajay N S
Advocate, Ernakulam
2766 Answers
47 Consultations

5.0 on 5.0

Firstly you must be aware of the legal fact that the house belongs to your grandfather and during his life time nobody can force him to transfer his property or even make a partition and allot any share to anyone.  He is the only and absolute owner hence he can do only whatever he feels right.
Now in this family arrangement, if your grandfather is okay to allot your mother her share, first you get it transferred on her name by a settlement deed registered on her name. As far as your paternal uncle's share, if he is ready to sell his share, you may buy it on your name, please make sure that you should acquire it only through a registered sale deed and not by any other mode of transfer namely, settlement or gift deed or will etc. These are liable to be disputed at a later stage and you may have to run behind the litigation unnecessarily. 
Since your grandfather is adamantly refusing to transfer his ground floor share now, dont agitate his decision, he may be sentimentally affected and the impact may be more adverse, hence allow him to devolve on his own decision without objecting to it. If he is saying that he may bequeath the property by a will in your mother's favor, wait and watch the developments. You should not make this as a destination, especially if this property has to come to your family nobody can stop you from acquiring them, so  allow things to happen in the legal way for the present. 
T Kalaiselvan
Advocate, Vellore
35575 Answers
385 Consultations

5.0 on 5.0

1. Your grandmother is the owner of the property. So during her lifetime she is at liberty to make a will to devise the manner in which the property shall devolve after her lifetime. None of her heirs has any share in the property during her lifetime. If she desires she can bequeath her entire property to a beggar she finds on a street. If she dies intestate her property shall devolve through succession on her heirs i.e widower and children. The share of predeceased children shall devolve on their heirs. So your deceased father's share will devolve on his widow and children equally.

2. During your grandmother's lifetime she can divide the property through a partition deed among the legal heirs. She can also sell the property to divide the sale proceeds in the manner she desires.

3. Any legal heir is at liberty to execute a relinquishment deed to relinquish his/her share in the property.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

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