Legal Question in Real Estate Law in India


My Grandfather died 14 years ago. Soon after, his property (self- earned) was divided equally amongst his sons and daughter. This was carried out with everybody's consent,including my Grandmother's. However now, after 14 years, my Grandmother want a share in the property co-owned by my father and uncle (ancestral property). However, the will states that, my grandmother has the right to live in the house (co-owned by my Father an uncle). It does not state her to be an owner of the property. Will this clause in the will be a problem if my father decides to sell the house? Can my grandmother claim 1/3rd right over the property?

Asked on 6/26/13, 11:59 am

1 Answer from Attorneys

Jayesh Desai Jayesh Desai

She cannot claim 1/3 share, but she object to sale, as long as she wants to live there.

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Answered on 8/29/13, 6:38 am

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