Legal Question in Wills and Trusts in India

my maternal grandparents have 2 daughters and 2 sons, my mother being the eldest. my late grandfather distributed his wealth 10 years ago, 3 years before he passed away. most of the wealth were equally given to the sons. the daughters were given a choice of money or a small area of farming land which were under my grandparents' name at the time of distribution. my aunt opted for money immediately after distribution, so the farming land that she opted over was given to one of the brothers. after my grandfather passed away, my mother asked for the farming land that she was entitled to from the other brother to which he informed that it is registered under my grandmother and that my mother should ask her. my grandmother initially refused to give the farming land and asked my mother to take money instead. my mother has been firm in her decision. the dispute has been going on for the past 4 years in which there is a rumour going on between relatives that the land has been willingly registered to the brother from my grandmother and that the land has been pledged to obtain money from a bank. there is no information as to who has the original documents. there has also been confusion as to which farming land has been allotted to my mother since she was not available during partition of the wealth due to personal reasons. how are we supposed to approach this dispute? and how do we find out if the documents of the land that belongs rightfully to my mother has been pledged for money or not?

Asked on 7/07/14, 9:03 am

1 Answer from Attorneys

Take ROR of land of your mother. If your mothers name had entered on it no body can pledge it other than your mother. If it is not there take the death certificate of your grandfather along with the succession certificate enter the name of your mother on entire property to the extent to her share undivided as a safeguard up to the division of the property.

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Answered on 7/08/14, 8:57 pm

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