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Author Topic: right of grandson in property  (Read 492 times)

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Offline sudhir12

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right of grandson in property
« on: October 27, 2015, 10:37:11 AM »
Hello Sir/ Madam...i have a query regarding the house which was a self made property of my father.We are 2 children of our parents. Me and my elder married sister, I was married in 1997 but it didn't work out and we separated in 2001. I got a divorce from the trial court in 2006 and she filed an appeal in the high court. The case is still pending in the high court. In the mean time before we separated, my father in the year 2000 made a registered will of the house in question and according to the will, the house would go to my elder sister. My father expired in 2005 and my wife filed a case for the share in the house on behalf of my minor son who lived with her in her maternal grandfather's home in another city. The case was decided in year 2014 and according to the decree my son had no right in the self acquired property of his grandfather as my father through his registered will had debarred me and my family from any share in his property and also it was the self acquired property of my father and not his ancestral property . My wife did not appeal for the judgement. Now my sister decided to transfer the house in the name of my mother as she being married in an affluent family and did not want any share in the house. So eventually the house now stands in the name of my mother. My mom wants to make a registered will in my favour. My query is if after my mother if the house is transferred to my name, can my son claim for the share in the house?
I'll be really obliged for the advice...

Offline adv.amarnath

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Re: right of grandson in property
« Reply #1 on: October 27, 2015, 11:40:36 AM »
Considering that WILL was probated in your sister's favour and she had transferred the house in question by a registered instrument. If your mother made a WILL or GIFT in your favour then during your life time your son cannot claim your property.

For further clarification and consultation in details you can contact me
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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