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Can grandchildren claim share in grandfathers property


13-Jun-2023 (In Property Law)
As my grand father have some acres of land which they purchased in 1975 , my question is whether this property will be shared with only sons of my grand father or will have to share it with the daughters of my grand father , please give the suggestions on this
Answers (2)

Answer #1
606 votes
First of all you have not stated that whether your grandfather is living or not.
Secondly, if he is not living anymore then whether he made any testamentary disposition towards the property, i.e., whether he bequeathed the property in favor of his sons or daughters of any other particular person or persons during his lifetime.
If your grandfather is living then nobody has any right or interest in the property during his lifetime and cannot claim a share in it. He can dispose it in any manner as per his own choice and desire.
If your grandfather is no more then upon his intestate death, the properties shall devolve on all his legal heirs,, i.e., his wife, children and mother (if living) equally. Children includes both, his sons and daughters. In that situation his daughters will equal rights for their legitimate shares in their father's properties.

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Answer #2
684 votes
The devolution of the property depends on the religion. You have not mentioned your religion here.
As per hindu law, normal devotion of property in the hands of your grand father takes place once he dies intestate. you have mentioned the year of purchase of the property by your grandfather in his name as 1975. But you have not given the year of your grandfather demise. If your grandfather died after 1989, as per hindu law of succession all of his children, his wife and other class one legal heirs will get a share if they are alive at the time of his demise.
Grandchildren are entitled for a share too.

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