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How will grandfathers property be divided after fathers death
18-Oct-2023 (In Property Law)
We are Hindu brahmins. My grandfather had 3 kids 2 sons 1 daughter. My Father died in 86. We are 2 sisters both are married. My grand father has a big independent house which cost around 2cr. His property is mainly on rent.My mother is staying in one portion of that house from 1980. She is working in a govt school as a teacher. My father's brother is jobless and totally dependent on grandfathers income. Now my grandfather wants my mom to leave the house and he is not ready to give any money or share the property. My mom is alone and she doesn't have any flat or house to live. Kindly suggest what can be done.
First tell me property is self acquired or parental.....
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Adv. Rajendra Prasad Tripathi
Bhopal | 100+ Answers
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Your mother can get her share from your grand father. No matter she is working woman or not..
Both of you sisters can also claim your fathers share if the property is ancestral. Possession of your mother is extra benefit for your mother.
Both of you sisters can also claim your fathers share if the property is ancestral. Possession of your mother is extra benefit for your mother.
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Adv. Devashish Shastri
Ujjain | 25+ Answers
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It is essential to first know, whether the house is your grandfathers self acquired property or is it an ancestral property of your grandfather. If in case it is your grandfathers self acquired property he can dispose the said property as per his free will, if the property is ancestral property of your grandfather, your mother has a legitimate right over your fathers share in the property. Secondly, even if the said property is the self acquired property of your grandfather, your mother can claim the residential property as her "matrimonial home", and based on the fact that she has been continuously living in the said property since her marriage or anytime after marriage, she cannot be dispossessed from the said property, without making adequate arrangements for her. She can approach the court and seek injunction to the sale of the property without her consent. This is based on the limited understanding of the situation from your query.
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Adv. Shantanoo Saxena
Bhopal | 25+ Answers
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