Hello,
My grandfather have passed away and my father in lone son of my grandparents along with 3 sisters of him.My grandfather had properties in Bihar. My 2 aunts have no problem and are not interested in property but one of my aunt keeps on threatening that she have equal right on property and can get it divided into equal share my grandmother have already given her one property but she is still eyeing on others.
My aunt is 60 year old pensioner and have a steady income source can she claim her right on my grand mother's property and if so is there any way by which my grandmother could transfer the property on my name or make in any will through will my aunt's claim could be nullified.
Kindly suggest.
A.As the property belonged originally to your grandfather your aunt has the right but if you have possession of the properties you can well resist any suit by your aunt by saying that one property has already been given to her.
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Deepak Yashwantrao Bade
Responded 5 years ago
A.It depends on description of property. If your aunt already get her share then there is no need to consider her share of property. You can approach to our vidhikarya lawyers chembers for advice and verification of documents.
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ROBERT D ROZARIO
Responded 5 years ago
A.You did not mentioned the status of property. whether it is self-acquired or ancestral. At the present moment I am discussing on a self-acquired property of your grandfather. What does the law says in a self acquired property of a person dying intestate. How the property is to be divided among the legal heirs.
Your grandmother is not the sole owner of the property when there are other legal heirs and a will by her in your favour will be infructuous and invalid. It can be challenged in the court by any other legal heirs and court will declare her will as void.
Presently you are nobody in the property if this property is self-acquired property of your grandfather. After your grandfather's demise, your father along with his three sister are the legal heirs not you.
Only in the case of ancestral property a grandson/daughter gets the right over the property by birth.
If you're really interested to get those properties, there are legal ways to do so which cannot be discussed in this open forum. Better contact me through Vidhikarya.
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