Registration and distribution of grandmother's property

516 votes

Hello,
As per what I could gather from your query , in case of the property being your grand father's self acquired property which has later been transferred by him solely in the name of your grand mother or in case of the property having been purchased by your grandmother, in either of the cases any other legal heir shall have no right over the property till the lifetime of your grandmother. If she died intestate that is without leaving a WILL behind , then the property will get devolved upon the legal heirs as per the Hindu Succession Act. Your uncle cannot claim sole ownership of it , unless your grandmother left a WILL behind , whereby she bequeathed the property solely to him. Only by having a mere possession of the registry papers doesn't give your uncle any right to usurp the property. Your father may file a suit for declaration and partition claiming his respective share in the self acquired property of your late grandmother. At present you cannot claim any right over such property, as your interest shall lie only in the portion that devolves upon your father and that too not till his lifetime. Only after your father's lifetime you may claim your legal right over that particular portion of your grandmother's property which should have devolved upon your father.

Advocate Ritagya Riti Singh LawRato

941 votes

hi
mere keeping of registry does not confer title. if your grandmother did not have a will then all legal heirs i.e sons and daughters will have equal share in the property . If your chacha is trying to usurp the property then it is advisable that a suit for partition should be filed claiming share in the property.

Advocate Dhruv Rohatgi LawRato

309 votes

In India, the distribution of a grandmother's property among her grandchildren depends on various factors, including the nature of the property and any applicable legal provisions. Here's a general overview of how property distribution may occur:

1. Nature of Property: The nature of the grandmother's property plays a significant role in determining its distribution. If the property is ancestral or coparcenary property, it is subject to specific rules under Hindu law. On the other hand, if it is self-acquired property, the grandmother has more discretion in deciding its distribution.
2. Will: If the grandmother has left a valid will clearly stating how her property should be distributed among her grandchildren or other heirs, the distribution will be carried out according to her wishes as specified in the will.
3. Intestacy: If the grandmother passed away without leaving a will (intestate), the distribution of her property will be governed by the personal laws applicable to her religion. For Hindus, the Hindu Succession Act, 1956, will apply, which grants certain rights to grandchildren based on the category of property.
4. Hindu Succession Act: Under the Hindu Succession Act, grandchildren have a right to their grandmother's property in certain situations. For example:
   • In the case of self-acquired property: If the grandmother died intestate, her grandchildren (along with her children) have a share in her property.
   • In the case of ancestral property: If the grandmother was the last surviving coparcener and the property has not been partitioned, her grandchildren may have a share.
5. Partition: If the property is coparcenary or ancestral, the grandchildren can seek a partition to claim their share. The partition process involves dividing the property among the legal heirs, which may include the grandchildren.
6. Legal Assistance: To ensure a fair distribution of the grandmother's property, it's advisable to consult with a qualified property lawyer who can assess the specific circumstances and guide the grandchildren through the legal process, including any required documentation and court proceedings.

Advocate Chikirsha Mohanty LawRato

216 votes

The property of a grandparent can only be inherited by a grandchild if the parent who is related to them through that grandparent died before him or her.

Advocate Chikirsha Mohanty LawRato