Will and protection related query. Will and protection related query.

My maternal grandmother passed away 2 months ago. She has 3 children; my mother, my uncle and my aunt, all of them are married. Her family currently has 6 members, my uncle and aunt, their 3 children and my grandfather (who is neurotic). Her house is under construction so the family is living in a rented house since February. She was a retired govt. employee and the head of the family. My uncle is not highly educated and hence, had a low-profile job in a local shop. So, Nani(my grandmother) used to pay for almost all of the expenses of the house from her and nana’s pension money. Nana(my grandfather) is also a retired govt. employee but as he is neurotic, nani looked after the house. The house is also being constructed with the nani’s savings. My uncle-aunt aren’t good people. Things turned bad in March and Nani got bed-ridden and was unable to look after the family as before so, she signed a few blank cheques and handed them over to his son to pay for the construction work. But, he transferred all of the money there was in the account, the very next day, to his account, without Nani’s knowledge. Though Nana is neurotic, he partially understands what is all happening but don’t indulge in anything. He remains in his room all the time. From what we know, uncle and aunt also used to threaten my grandmom, and might even have stopped giving her medicines and food. I stayed with her one day and saw for myself that no one even asked her for water on time and as she was bed-ridden, she couldn’t do anything on her own. We saw that her health has been badly deteriorated when we visited her in April (almost after 15-20 days since we last saw her). Mumma asked my uncle to allow her to take Nani with her to our home but he denied. And things turned even bad after that and we had to rush her to the hospital again. She was in ICU and couldn’t speak at that time but she was conscious and from her gestures, we knew how unwilling she was to return to her own home because of my uncle and aunt. And she passed away a few days later in June. My mumma visited Nana almost a month after Nani’s death and engaged in an argument with my aunt over something that Nana told mum. Aunt treated her very badly and since then the relations have almost ended. My mom still visits Nana to check on him. Now, my uncle’s family is living on Nani’s savings and Nana’s pension. We(my mumma and her sister) want to ensure Nana’s safety and want to cripple my uncle-aunt economically because they have done this all just for money. We also want to get a stay ordered on the house under construction. What are options we have? Also, Nani owned another house in the same locality which she has vocally given to my mom and we are currently in the charge of that house but according to the documents, it is still registered in the name of my grandmother. What can we do to legally own the house?

Geeta Singh

Responded 2 years ago

A.As the house is registered your grandmother's name . If she has not made any registered will or gift deed after her death her property will be divided among her children and her husband equally .
You can easily file suit for stay in the court on ground basis , property belongs to all after death of you grand mother
You continue to look after you nana .
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Satheeskumar V

Responded 2 years ago

A.If all the property were in granny name your mother have every right to go for partition suit, in that u can also claim for stay for construction. If u are able to prove the money were transferred from granny account under undue influence by your uncle you can also have right to get back. You can get back only the percentage of share which you are eligible
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Vivek Kansal

Responded 2 years ago

A.Hello
To protect that house your nani i.e you maternal grand mother need to execute gift deed in the name of your mother.
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