Want full property back which goes to grandmother from father

971 votes

it doesn't matter of it was father's self acquired or ancestral property. once the mother(GM) gets her share,after her death property goes to her heirs husband and her sons daughters.. i.e.heirs. there is no specific SC ruling on this, moreover substantive law cannot be overlooked which provides for the above division. only option left to you is gift deed, will, release deed. sale deed by GM in your favour either she is alive or dead.

Advocate Neha Gupta LawRato

533 votes

To address your concerns, let's analyze the situation step-by-step: 1. Intestate Succession and GM's Share: Since your father passed away intestate (without a will), his property would naturally be divided among his legal heirs, which might include your grandmother (GM), yourself, and any siblings, depending on the specific family structure. Under the law, your grandmother would hold her share in the property, which cannot be claimed by anyone else unless she willingly transfers it. 2. Pressure on GM: If your grandmother is under pressure to create a will or release deed in favor of your aunt, it’s essential to understand that any such document must be created voluntarily and without coercion. Any will or deed created under duress could potentially be challenged in court. 3. Options Beyond Will or Release Deed: Family Settlement Agreement: You could discuss a family settlement agreement while your grandmother is alive, to ensure that everyone’s intentions are documented clearly. This agreement could outline how the property should be handled, respecting your father’s share and ensuring that each legal heir’s rights are safeguarded. Mutual Understanding: Have a conversation with your grandmother and other family members to reach a consensus on the property’s division. If she agrees, she could distribute her share as per her wishes during her lifetime. Legal Recourse Post Her Lifetime: In case there is no agreement during her lifetime, as her legal heir, you can claim your rightful share once she passes away, even if no will is left. 4. Self-Earned and Ancestral Property: Since the property includes both self-earned and ancestral elements, it’s important to clarify each type. Ancestral property usually goes to all heirs equally, while self-earned property can be distributed according to the will of the holder (if there is a will). 5. Preventive Measures: Documenting Your Concerns: It might be helpful to document any undue influence or pressure your grandmother may face. If this matter goes to court, such evidence could strengthen your case. Challenging Unfair Distributions: If a will or release deed is created under coercion or undue influence, you have the option to legally challenge it based on grounds like mental incapacity, coercion, or undue influence. Adv. Mahinder Singh Mavi

Advocate Mahinder Singh LawRato

989 votes

Hello Sir /Mam as per you query , if a father dies without a will , his self accquired property is divided equally amoung class I legal heirs. You can contact me over phone call or whats app for further assistance or advice Thank You Regards Advocate Kuber Hooda

Advocate Kuber Hooda LawRato

732 votes

Hi! I can provide you with a solution, however, I am afraid, this cannot be discussed in writing. Needless to say, will not suggest you do anything with the ancestral property as the buas have legal right but as for the self earned property, we can discuss on call maybe, if you are comfortable.

Advocate Manjeet Yadav LawRato