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UA cousin’s situation, I’ll narrate it in first person. My grandfather had 4 kids, 2 sons and 2 daughters. I’m the child of the eldest son, and my family lives away from our hometown since several years due t to my father’s job. My father has repeatedly helped my grandparents financially during medical emergencies. My grandfather just has one property, the house in which they live, and a small plot worth almost nothing. My uncle and his family lives with my grandparents in my grandfather’s house, although they earn bare minimum and survive on grandfather’s pension. Now, in case the grandparents die without making a will, what happens of the house? I’ve heard that you cannot ask someone to vacate a property if they’ve lived there long enough. What if my family wishes to sell the house but my uncle’s family denies? Also, is it possible that my uncle convince my grandfather to make a will where we do not get anything? What to do in such a situation?
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UNAL
If your grandfather passes away without a will, the property will be inherited by all legal heirs as per Hindu Succession Act, 1956 (assuming you are Hindu). That means both sons and daughters will have an equal share. Since your uncle is already living there, he may refuse to vacate, making legal proceedings necessary if you wish to sell the house.
To avoid future disputes, the best approach is to convince your grandfather to make a will, clearly dividing the property. If your uncle tries to unduly influence him, that could be contested in court under grounds of coercion or undue influence, but proving that is difficult.
If a will is not made, and legal heirs disagree on selling the property, partition or legal settlement will be the only option. A family settlement deed is an amicable way to distribute assets without litigation. Otherwise, the court can be approached for partition and sale.
Since your family contributed financially, you could discuss a fair division with your grandfather before it’s too late. A lawyer can also help draft a legally sound will or partition deed.
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UI think house should go to uncle who is taking care of them from such a long time. Just being born in a family as a son or a daughter doesn’t make you entitled to the property. If they have made your father self sufficient in life then you should not expect a lot from them. As a parent they have fulfilled their job. I hate it in india when everybody wants a share in property but no share in responsibilities. May be everybody will troll me or dislike my comment but this is straight from my heart.
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UWdym no share in responsibility? My father like an emotional fool has been lending money and rushing 1000km at a single call, which my family has been repeatedly exploiting him. My uncle is a manchild who earns bare minimum, cannot take care of his family and surviving on my grandfather ‘s income. My father was present with his extended family even when his only child needed him the most. I personally do not care about the property, I’m not going to live there anyways. It’s just about all the wrongs they did to my parents
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UChill dude. My grandfather also use to support my uncle who was earning less. It’s normal tendency of parents. They tend to be more supportive towards the one who they feel is weak. I would still stay try to live above all this and focus on building your own wealth. That’s it.
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UCaregiving is important, but inheritance follows the law, not emotions. If the grandfather dies without a will, all legal heirs get an equal share, regardless of who took care of him. Since OP’s father also supported financially, both sides have contributed.
The best solution? Convince the grandfather to make a will to avoid disputes later.
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IAssuming you are a Hindu:
1. If your grandparents die without a will, intestate, all surviving class-I heirs will get equal shares of the property. This means each of the 4 children (2 sons and 2 daughters) will get a 1/4 share.
(It is possible that the sisters may be asked to relinquish their rights in favour of one or two brothers, either in good faith or by receiving compensation).2. I am not sure if you are asking about tenancy rights or adverse possession, but that does not apply here.
Even if your uncle has the right to reside, it is shared with the other heirs.3. A property like this requires all co-owners to consent if it needs to be sold.
In case they do not agree, you can file for a partition suit, and the court can help you realise your share, either through a buyout, division, or the sale of the house.4. Yes, as the owner of the property, your grandfather is well within his rights to do whatever he wishes, including writing you off if you suspect your uncle might manipulate him into doing so; Make sure to have a proper will written in your presence, which is fair to all children, and if it is not, the reason should be clearly mentioned.
(A will can be challenged on limited grounds, but that should be a secondary tool.)
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