Grandmother related Property issue
4 months ago
Hi sir,
I do have question that my brother in law going file petion on my grandmother property after my grandmother and mother in law(aunt) death actually my grandmother has one son(my father)and 5 daughters (aunts) . 3 daughter passed away but of the daughter son is trying file case on the property after her death. And we have 100 stamp note signed from her mother before her she gave to us before her death. Remaining daughters and there family supporting us because all daughters are settled with cash of there marriage to keep the property to my father
A.Dear client,
The person who is going against you might anyhow file a case. You have to counter the same using the proper evidences. Collect the documents, speak to an advocate who deals with civil matters. If you have enough and strong evidences, your advocate will help you file an application where you can reject such case filed against you by satisfying the Learned Court. You can send him a legal notice for such harassment in the interim.
The person who is going against you might anyhow file a case. You have to counter the same using the proper evidences. Collect the documents, speak to an advocate who deals with civil matters. If you have enough and strong evidences, your advocate will help you file an application where you can reject such case filed against you by satisfying the Learned Court. You can send him a legal notice for such harassment in the interim.
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A.Dear Client,
If your grandmother dies intestate, then all the surviving legal heirs are entitiled to an equal share in the said property. A piece of stamp paper valued Rs.100/- cannot transfer the title of the property to anybody and also in absence of any registered deed of relinquishment of the respective legal heirs giving up their right to property, their share in the inheritated property does not extiguished. On the demise of one legal heir, right to property devolved upon her legal heirs. Son of one out of three daughters can claim his/her share in the said intestate property of grandmother. Reach out to an Advocate for guidance and steps.
If your grandmother dies intestate, then all the surviving legal heirs are entitiled to an equal share in the said property. A piece of stamp paper valued Rs.100/- cannot transfer the title of the property to anybody and also in absence of any registered deed of relinquishment of the respective legal heirs giving up their right to property, their share in the inheritated property does not extiguished. On the demise of one legal heir, right to property devolved upon her legal heirs. Son of one out of three daughters can claim his/her share in the said intestate property of grandmother. Reach out to an Advocate for guidance and steps.
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A.Dear Client,
In a situation where there might be a potential legal dispute over your grandmother's property, it's crucial to gather and preserve all relevant documents that support your family's claim. The 100-stamp note signed by your grandmother before her death could be a significant piece of evidence. Additionally, if there are legal documents such as a will or any property distribution agreements, they should be located and secured.
Engage with a legal professional who specializes in property and inheritance laws to guide you through the legal implications and potential challenges. Your legal advisor can review the documentation, assess the validity of any potential claims, and provide guidance on the best course of action. It's essential to act promptly and maintain open communication with the other family members who are supportive of your father's claim, as their cooperation may strengthen your case. Remember that legal proceedings can be complex, so having a legal expert by your side will help ensure that your family's interests are protected.
In a situation where there might be a potential legal dispute over your grandmother's property, it's crucial to gather and preserve all relevant documents that support your family's claim. The 100-stamp note signed by your grandmother before her death could be a significant piece of evidence. Additionally, if there are legal documents such as a will or any property distribution agreements, they should be located and secured.
Engage with a legal professional who specializes in property and inheritance laws to guide you through the legal implications and potential challenges. Your legal advisor can review the documentation, assess the validity of any potential claims, and provide guidance on the best course of action. It's essential to act promptly and maintain open communication with the other family members who are supportive of your father's claim, as their cooperation may strengthen your case. Remember that legal proceedings can be complex, so having a legal expert by your side will help ensure that your family's interests are protected.
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A.Dear Sir,
If it is streedhan of your grandmother property then it will be devolved on her legal heirs as follows:
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Section 16 in The Hindu Succession Act, 1956
16. Order of succession and manner of distribution among heirs of a female Hindu.—The order of succession among the heirs referred to in section 15 shall be, and the distribution of the intestates property among those heirs shall take place according to the following rules, namely:— Rule 1.—Among the heirs specified in sub-section
(1) of section 15, those in one entry shall be preferred to those in any succeeding entry and those included in the same entry shall take simultaneously. Rule 2.—If any son or daughter of the intestate had pre-deceased the intestate leaving his or her own children alive at the time of the intestate’s death, the children of such son or daughter shall take between them the share which such son or daughter would have taken if living at the intestate’s death. Rule 3.—The devolution of the property of the intestate on the heirs referred to in clauses (b), (d) and (e) of sub-section (1) and in sub-section (2) to section 15 shall be in the same order and according to the same rules as would have applied if the property had been the father’s or the mother’s or the husband’s as the case may be, and such person had died intestate in respect thereof immediately after the intestate’s death.
If it is streedhan of your grandmother property then it will be devolved on her legal heirs as follows:
====================================================================================
Section 16 in The Hindu Succession Act, 1956
16. Order of succession and manner of distribution among heirs of a female Hindu.—The order of succession among the heirs referred to in section 15 shall be, and the distribution of the intestates property among those heirs shall take place according to the following rules, namely:— Rule 1.—Among the heirs specified in sub-section
(1) of section 15, those in one entry shall be preferred to those in any succeeding entry and those included in the same entry shall take simultaneously. Rule 2.—If any son or daughter of the intestate had pre-deceased the intestate leaving his or her own children alive at the time of the intestate’s death, the children of such son or daughter shall take between them the share which such son or daughter would have taken if living at the intestate’s death. Rule 3.—The devolution of the property of the intestate on the heirs referred to in clauses (b), (d) and (e) of sub-section (1) and in sub-section (2) to section 15 shall be in the same order and according to the same rules as would have applied if the property had been the father’s or the mother’s or the husband’s as the case may be, and such person had died intestate in respect thereof immediately after the intestate’s death.
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