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Property transferred without consent of legal heirs


21-Apr-2024 (In Property Law)
My father died and the self acquired property of my father was gifted by my mother to her grandson. I am not sure if there is a will or not. It has been 5 years since my father died but till date no copy will is shared with me. When I asked her she says it is not there. She says it was your father's wish to give the property to the grandson. I presume the property may have been transferred to my mother by way of nomination. But does that give her the right to gift to her grandson
Answers (2)

Answer #1
813 votes
Hi,
I have read your query and appears that you are in distress.

We need to discuss and review the facts correctly before we advise on the same. You may at the first stage approach the society in case of of being there and thereafter record your objection thereto. Thereafter get a search report done through an advocate to verify the details of the current title and get the certified copies of the last title on record and also get the a paper publication done thereafter knowing the anomalies if any.

Upon knowing the factual position thereafter a legal opinion is required to be taken basis the facts and existing circumstances. There are multiple ways you may address it but an inspection of documents would be very crucial in deciding the way forward.

Hope this helps you…

Thanks

Adv. Sarthak Shah
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Answer #2
624 votes
After the death of your father, his wife and all his children are the legal heirs. In absence of will your mother cannot single handedly give away his property to anyone. Feel free to contact me for seeking any further legal advice as regards the same.
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