Hi, My mother has share in the property, which is on her mother's name and she is alive. Her 2 brothers hired a property dealer who will demolish the house, will build new one and sell it. Now her brothers didn't ask my mother if she want to do as she has share in the property and don't want to give her share also. Demolition already started. Can we get stay order in this case to stop the demolition?
Asked 2 years ago in Property Law from Delhi, Delhi
you have not mentioned whether it is self acquired property of your grand mother
2) during your grand mother lifetime your mother has no share in her self acquired property
3) only on grandmother demise intestate ie without a will would your mother have share in property as legal heir
4) your mother can only in such a case move court and seek stay order restraining demolition and also seek her share in property
Property bought by my grandfather and my grandfather transferred to my grandmother's name? In this case does my mother has share in her mother's property?
Asked 2 years ago
Since the property is deemed to be the self acquired propriety of your grand mother and she is still alive, she can do anything with regard to this property.
It appears that the development of property is made with the consent of your grand mother only.
Now if she does not want to give anything out of this developed property your mother can do nothing as she has no share in the property.
1) If the property of your grandmother is self acquired, she is at liberty to dispose it of as she wishes to anyone of her choice. If your uncles have the permission of your grandmother they can go ahead with it.
2) A stay order is possible and your mother can ask for her share legally through a court of law if the property is ancestral in nature.
1) how was transfer made by grandfather?
2) was it by gift deed duly stamped and registered?
3)if so your grand mother is absolute owner of the property
4) your mother has no share in said property during your grand mother lifetime
5) if grand mother dies intestate ie without a will would your mother inherit share in property
1) If the property was purchased by grandfather and transferred to grandmother, the property is still ancestral in nature and none of the children has a right in the property while their mother is alive.
2) Therefore your mother can not approach a court to get a stay.
3) In the current scenario, if the grandmother had died without a will then your mother along with her brothers would have acquired equal right in the property of grandmother.
4) If the grandmother wishes she can while she is alive give a share to your mother or write a Will to assign a share to your mother as well.
The property is registered in favour of your grandmother. So she alone can file a civil suit for injunction to restrain her sons and property dealer from demolishing the property. The civil court can order injunction even on the very first hearing without service of the summons on the defendants.
Yes, a stay can be taken,being legal heir for the property in discussion. Subject to the cost of the property you can take stay from District judge or High Court.
Take care.. Stay Blessed.
If you staunchly believe your mother has a share in the property, your mother can very well file a partition suit asking for a share in the property.
She can very file an application in seeking direction to stay the construction activities and also for an injunction seeking to restrain them from alienating or encumbering the property in any manner.
Tough the property was bought by your grandfather and transferred on your grandmother's name, your mother shall not be entitled to any share during the lifetime of your grandmother.
If the grandmother died intestate then your mother can claim a share in it.