Q.My grandfather has a son and three daughters, one of them being my mother. He passed away and my grandmother wrote a will, but my mother doesn’t know what is in it. Now, my uncle doesn’t want to share the property. What can my mother do? — N. Sinha
Assuming your mother is a Hindu, she has an equal right in her parents’ property as she is a class I legal heir. If your mother has been deprived of her right, then she can challenge the distribution of her parents’ property or contest the will.
Q. I am 83 years old and have total assets, liquid as well as real estate, worth approximately Rs.15 crore. I want to give all of these assets to my children and grandchildren. However, they are settled in the US and are American citizens. They are very well placed and don’t need any money for the next five years. They are already in the high tax bracket in the US. Besides, they do not want to return to India any longer. Please let me know about the measures I can take or steps I can follow so that they get the money after five years? — R.M. Parkhi
In order to pass on your assets to your children and grandchildren, you can consider transferring all of your property to a beneficiary trust. You could also create a testamentary trust in your will, with the condition that the trust be dissolved once its objective has been achieved.
Q .My paternal grandfather had immovable properties and died without a will. Both my father and mother have also passed away now. There was a settlement made on stamp paper between my father and his brother. However, my uncle managed to obtain a succession certificate in 2007-8 and transferred all of my grandfather’s properties to his name. Will my uncle now be the sole owner of all these properties? After taking succession certificate, can he sell the property without our permission? — R. Agrawal
Assuming that you are a Hindu, you will be considered the successor of your father’s property. Hence, you can challenge the transfer of all your grandfather’s properties solely in the name of your uncle. This is because your father is a class I legal heir of your grandfather’s properties. However, this will be subject to the settlement that has been arrived at between your father and your uncle.
The responses are based on limited facts provided by the queries. It is advisable to consult a legal practitioner after presenting full facts and documents. Responses should not be considered as legal advice in any manner whatsoever.