URMILA BHOSALE
2 years ago
i am staying in a house in society which is owned by my husband grandfather now, grandfather is no more and we are holding the power of attorney in the name of my husband father the 1st son of the grandfather. so i wanted to ask that we want transfer the property rights to my husbands father directly instead of grandfather's wife as she is now 86 age but there is also a 2nd son of grandfather but all the property papers are with us and we dont want the property to be given to the second son as all the charges maintenance is paid by the 1st son i.e- husband father and he is staying in that property for more than 10 years the second son as never ever seen the property as he is in village and never visit to this property in life just wants the money without doing anything so i want to directly take the rights of the property on my father in laws name we have power of attorney and property paper with us please suggest me what can i do aas the grand mother also cannot travel from village to the property as she is not well all the time.so that we can change the name to grand mother and divide it in both two instead i need the whole property to be given to my father in law
Ankur Goel @ Complete Law Shield
Responded 2 years ago
you pay rent of house and other son will pay maintenance.
who will pay more ?
you fraud want to take property of legal heir by forgery which is not possible.
After the death of your grandfather, since there is no will, all the legal heirs have a claim in his property. You cannot deny the share of the 2nd son in his father's property. The amount spent towards maintenance is recoverable from the share of the second son. He his a legal claim over the property of your grandfather.
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Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
Ayantika Mondal @ Prime Legal
Responded 2 years ago
Since your grandfather died inter-state, i.e. without any will, therefore, the rights of the property passed on to his legal heirs. The second son of your grandfather has a claim over the property of your grandfather, he his well within his right to demand for partition. The money spent on maintaining the property can be adjusted with his share, but his share cannot be denied to him.
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