Q. My grandfather has one son and three daughters, one of them is my mother. He passed away and my grandmother wrote a WillBut my mother doesn’t know what’s in it. Now, my uncle doesn’t want to share Property, What can my mother do? — N Sinha
Suppose your mother is a Hindu, she has equal rights in the property of her parents as she is a class I legal heir, If your mother has been deprived of her right, she can challenge the distribution of her parents’ property or oppose the will.
Question. I am 83 years old and I have total assets, liquid and immovable assets, which are worth around Rs 15 crores. I want to pass all this wealth to my children and grandchildren. However, they are settled in the US and are US citizens. They are in very good condition and they do not need any money for the next five years. They are already in a higher tax bracket in the US. Moreover, they do not want to return to India anymore. Please tell me the measures which I can take or the steps which I can follow to get the money after five years? — RM connoisseur
To transfer your assets to your children and grandchildren, you may consider transferring all of your assets to a beneficiary trust. You can also create a testamentary trust in your will, with the condition that it be dissolved once the purpose of the trust has been fulfilled.
Q.My maternal grandfather fixed assets and died without a will. Both my father and mother have also passed away now. There was an agreement on stamp paper between my father and his brother. However, my uncle managed to get the succession certificate in 2007-8 and transferred all the property of my grandfather to him. Will my uncle be the sole owner of all these properties now? After getting the succession certificate can he sell the property without our permission? — R Agarwal
Assuming that you are a Hindu, you will be considered as the heir to your father’s property. Therefore, you can challenge the transfer of all the properties of your grandfather in the name of your uncle only. This is because your father is the first-class legal heir to your grandfather’s estate. However, this will be subject to the agreement that has been reached between your father and your uncle.
Disclaimer:
The responses are based on limited facts provided by the questions. It is advisable to consult a legal practitioner after furnishing the complete facts and documents. The responses should not be construed as legal advice in any way.