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Can grandson claim the self acquired property directly no will?
01-Jul-2023 (In Family Law)
Mr.X and Ms.X are the grandparents of my husband.Mr.x has 2 sons - A&B.A is childless and B has 3 sons .My husband is the youngest one.Now Mr.X is no more.There is a property of 6 flats, which is self acquired property of Mr.X.It has been transferred in the name of Ms.X before his death. Now my question is , if she dies without any will,who has the right to claim it-A(elder son) or the grandchildren or both?Or did Ms.x has the sole right to do whatever with the property? . And also there is another property in the name of Ms.X which she got from her parents. Who can claim it if she dies without any will?Please clarify them?
If She dies without any will , her children have the right to claim the property. If her sons deceased then their children (Grand Children) will have the the right . It applicable to her own property also.
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Adv. Sanjeevi Krishna Rao
Visakhapatnam | 200+ Answers
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Hi
The properties of Mr.X were transferred to Mrs.X during the life time of Mr.X and by virtue of this transfer, Mrs.X has become the absolute owner.
The property in name of Mrs.X which she got from her parents are also her absolute properties.
By virtue of Section 15 of HIndu succession act, any property in the name / possession of a woman will be her absolute property.
Mrs.X, by virtue of being the absolute owner of the properties vide section 15 of Hindu succession act, can SELL/ GIFT/ WILL to any person whomsoever she desires and as such no person can challenge or stop the transfer.
in the event of Mrs.X passing away with out making any WILL/SALE/GIFT Deed, the properties will vest with A & B in equal proportions. i.e 50% to A and 50% to B.
Grandson cannot claim any share of properties as long his father is living.
The properties of Mr.X were transferred to Mrs.X during the life time of Mr.X and by virtue of this transfer, Mrs.X has become the absolute owner.
The property in name of Mrs.X which she got from her parents are also her absolute properties.
By virtue of Section 15 of HIndu succession act, any property in the name / possession of a woman will be her absolute property.
Mrs.X, by virtue of being the absolute owner of the properties vide section 15 of Hindu succession act, can SELL/ GIFT/ WILL to any person whomsoever she desires and as such no person can challenge or stop the transfer.
in the event of Mrs.X passing away with out making any WILL/SALE/GIFT Deed, the properties will vest with A & B in equal proportions. i.e 50% to A and 50% to B.
Grandson cannot claim any share of properties as long his father is living.
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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