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Estate planning queries: Does my aunt have a legal right to claim my grandfather's property?

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Last Updated: Jun 29, 2020, 06.30 AM IST
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Summary Raj Lakhotia, Founder of Dilsewill answers queries from our readers on estate planning.

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Your aunt is a class I legal heir.
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My grandfather died in 1947 and had a daughter and a son. My grandmother died in 2000. Their daughter (my aunt) got married in 1970. Does she have a legal right to my grandfather’s property? - S.K. Salgaonkar

Yes, being the daughter and class I legal heir, your aunt has a legal right to her father’s (your grandfather’s) property and can stake a claim to it.

My father had a self-acquired property, which was constructed in 1978. My father died without a will while my mother is alive. I also have one sister, who is married. The property continues to be in my father’s name and has not been transferred to my mother. Can my sister claim an equal share in the property? Can my mother take a decision on the daughter’s share? - Sameer Sharma

Being a legal heir, your sister can claim her share in your deceased father’s property. Your mother cannot take any decision regarding the share of her daughter in the property.

I’m an only daughter to a single parent, my father, who is 69 years old. I’m married without children, and am responsible for my father. Should I and my husband manage our finances and save for taxation purposes separately or jointly? We also have a home loan together. I want to be financially independent so that if my husband and father need help, I can provide it. What should I do? - Deepika Khare

It is always better to manage finances and savings separately. You can make your husband a nominee or a joint holder for ease of operation and at the same time consider making a will to handle any eventuality.

My father died in 2006 without a will. I have one sister and two brothers. I was unmarried at the time of my father’s demise and my siblings were minors. I signed some papers at that time without any knowledge of the content and now my mother claims I do not have any rights to my father’s property as I am married. Had I not signed any papers, what would be my inheritance rights? — Shikha Manohar

Being a class I legal heir, you have an equal right to the property, along with your siblings and mother.

We are two brothers and a sister, who got married in 2007. My father had bought land with his own money and built a house, but has no will. Does my sister have any legal rights to this house? — Mudit Raina

Being a legal heir, your married sister has a right to claim an equal share in your father’s property.

Disclaimer: 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.
(Disclaimer: The opinions expressed in this column are that of the writer. The facts and opinions expressed here do not reflect the views of www.economictimes.com.)

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