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Does a grand child get a share in grandfathers property.
08-Dec-2023 (In Civil Law)
My father has built a house in the land which he got as partition from his father (my grand father) after my grand fathers death. It was self aquired by grand father. I am the only son for my father. House was built with my father's income after partition from his father's death. My self and father live in the same house built in the inherited property. Can my father sell or make a will on the inherited property without my consent?
Your father can sell the property. He can also create a will with regard the property. You have no right over the property .
Property inherited by a Hindu from his father, father's father or father's fathers' father, is ancestral property. Property inherited by him from other relations is his separate property. The essential feature of ancestral property is that if the person inheriting it has sons, grandsons or great-grandsons, they become joint owner's coparceners with him. They become entitled to it due to their birth. A person inheriting property from his three immediate paternal ancestors holds it, and must hold it, in coparcenary with his sons, sons’ sons and sons’ sons’ sons’ but as regards other relations he holds it and is entitled to hold it, as his absolute property.
Property inherited by a Hindu from his father, father's father or father's fathers' father, is ancestral property. Property inherited by him from other relations is his separate property. The essential feature of ancestral property is that if the person inheriting it has sons, grandsons or great-grandsons, they become joint owner's coparceners with him. They become entitled to it due to their birth. A person inheriting property from his three immediate paternal ancestors holds it, and must hold it, in coparcenary with his sons, sons’ sons and sons’ sons’ sons’ but as regards other relations he holds it and is entitled to hold it, as his absolute property.
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Adv. Ajay NS
Ernakulam | 200+ Answers
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So far as understood as apparent from the query raised by you, your father can alienate the property irrespective of the origin of the property, during his life time. Whether the partition deed was registered is not clear from your wordings. To give an exact answer to this or to find out any chance of loopholes in your favor; if needed, a detailed sitting with copies of all the relevant documents is needed. Anything further you may contact me .
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Adv. R. Madhuraj
Trivandrum | 100+ Answers
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From the facts posted, the property is self-earned and your owner is the absolute owner. As such, he can transfer, gift or make a Will of the same at his discretion; a Will need not even be registered. You have only right to succeed the intestate property after his lifetime, as a legal heir.
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Adv. P Venu
Vaikom | 500+ Answers
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