Registration and distribution of grandmother's property

Hi, I want some information regarding property and registry of house. We have a 100 square feet property which was registered to my grandmother name. Now one year later she was dead but she didnt registered the property to their sons. She have two sons and three daughter. All married. Now my uncle (Chacha) fighting for the property. He captured the registry also. I want to know how the distribution settled between the two. And does he misuse the registry of a house. Or does he capture the whole property by having the registry which is my dadi's named

Answers (2)

224 votes

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.

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225 votes

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.

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