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Grandfather died w/o dividing property.Can grandmother give to anyone?


02-Nov-2023 (In Property Law)

My grandfather died inestate and later on my grandmother (before her demise) wrote the house on the name of one of the 6 sons who was staying with her in that house. Does this nomination stand legal? Another son who is staying upsatirs in the same house since long time is claiming his share now. What may be the way ahead for resolution of the matter as its causing sour relationships among the members? Pl note that all other brothers are not staying there and are ready to forgo their share in the property.

Answers (2)

Answer #1
310 votes

If your grandfather died inestate and the property was in his name then the property devolves to all legal heir i.e wife, daugther, son.

Further your grandmother can give  her share by way of Will . We will have to examine the document and then we can advise you.

Answer #2
737 votes
On demise of the grandfather, his property should have devolved upon his wife and sons in equal shares. Therefore, the grandmother was not entitled to bequeath the entire house in the name of only one person. She could have bequeathed only her share out of the said property.

A suit of partition and declaration shall be required to claim the rights.

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