Share in grand mother's property?

Question

Respeced sir / madam,
I have a query regarding the property in my grand mother's name.
Let me give a brief background of the problem..
My grand father had two properties. One site in bangalore and some land in a village in Tamil nadu.
The site in Bangalore is in my grand mother's name. The land in Tamil nadu was there in grand father's name, after his expirty it was transferred to my father's name. After his expiry it was transferred to my mother's name.
The problem is with the site. My grand mother has three daughters and one son (my father). My father expired in 1988.
The problem is my grand mother is not ready to give a share in her property to his son's family.
She has written a will saying the site will be equally distributed among her three daughters and their son has been compensated with the land in Tamil nadu.
No one can sell the site and can only live in it! My grand mother is still alive.
My question is can we move to court asking for a share?

Answer 1

You mean to say you are already fighting over your grandmother's possessions before she has even passed away? Terrible! It is her property and whatever decision she makes should be final! She has her reasons for doing this and her final wishes should be honored regardless of what you or anyone else thinks...

Answer 2

As per the new Hindu Succession Act,
a property, belonging to a dead person,
( without a WILL,) acquired through his
own earnings, has to be devided equally
amongst all the family members, including
minors.

If there was a Will of the dead person
in favour of anyone, (your grand mother),
your grand mother cannot gift it/sell it
to any one as per choice. This is an
inherted property, belonging to your father.
She did not buy from her own earnings.

The new act does not allow such dealings.

Unfortunately, the Sub-registrars are
registering such deeds. In order to
protect your rights in the original property
of your father, you shall have to move
to the respective court and make an
application for restraining sale/transfer
of the inherited property. Stay orders
are immediately issued in such cases,
where there are many dependents.

On getting the stay orders, you can claim
for your rights.

Please consult a good lawyer of Civil Matter.

Answer 3

if your father has bought it in her mother's name then u can file a suit in the civil court showing the source of money from which the property was purchased and prove in the court that it is BENAMI TRANSACTION, in reality the property belongs to your father and devolve on his heirs

Answer 4

why you asked for this? your father already get your grand fathers bangalore property and it will be high cost. so the thamil nadu property, why do you aking? legaly, grand ma's property is all right had grandma. after her death her property will go to as per the will.so you can no right in in .please avoid it and ignor about it.please....

Answer 5

the children have equal right if there is no will, but if there is a will than u can not fight it, unless it is changed. u shouldn't fighting for somthing that is not yours. maybe she did this because you already have the other property, instead of fighting with your grandmother, maybe you should show her some respect.

Answer 6

on an identical time as your grandfather died, if he had a will, the desire dealt with the disposition of his belongings. If that is been "some years," then the criminal maneuverings ought to all be finished. if your father grew to become left component of your grandfather's belongings, it then grew to become your father's duty to make arrangements for its dispensation upon his loss of existence. in diverse words, your father mandatory to comprise it in his will. If he grew to become left component of your grandfather's belongings and then left component of that belongings on your brother, then your uncles isn't waiting to change that. Get a duplicate of your father's will. as immediately through fact it is going to probate, you're able to be able to get a duplicate from the county clerk contained interior the county wherein he filed it. touch his criminal expert in case you prefer to, yet do not assume his criminal expert having your or your brother's perfect interest in innovations. He might desire to or gained't. If he's likewise incredibly certainly one of your uncle's criminal expert, that is a conflict of interest for him to grant you ideas that should harm his client's hobbies. It gets very complicated. in case you're able to upward push up with the money for a criminal expert, get one, in basic terms be careful and word in case you will hit upon one that makes a speciality of wills and trusts. if your brother is eighteen+, he ought to seek for advice from a criminal expert himself, in spite of the reality that the two certainly one of you're able to bypass jointly. if your brother is below 18, his criminal dad or mum ought to seek for advice from a criminal expert on his behalf (until finally the criminal dad or mum does not do what grew to become in his perfect interest).

Answer 7

yes, sure, your father has a equal right, hire a good lawyer & file a case . bhanu, usa