Can grandson claim share in grandfathers property
08-Jun-2023 (In Property Law)
We have property in pitampura Delhi which was purchased by my father in law in his name but he expired in 1980. In 1984 this plot was constructed. Now my mother in law and my brother in law with his family are staying there. My husband have no guts to ask them anything & he even don't share with us anything reg this property. My mother in law construct on this property from the amount which she got after her husband's death. Now my qtn is what we will do? Can my son & daughter have any right on this property during my husband's suvival? We are Hindu family. My mother in law have 3 sons, 1 has
So far is rights of your son and daughter is concern no body can deny that but before commenting on the situation you have to clear sum facts as whether this property can be partitioned or not. Whether there is any will or not, whether it falls under the ancestral property or not?
Yes you have an absolute right in the property as you are a coparcener under the Hindu laws. You can file a case for partition of the property before the court for division of the property. No need to ask about the details as all records are public and can easily be obtained under the right to information act from the government authorities . There is no time limit to file the case for partition hence you can file it whenever you want during your life time . Tc.
Please seek partition of this property.
Sinse your father in law has died intestate i.e. without executing any will, therefore, his all sons, including your husband,have equal right along with his wife i.e your mother in law in any property left behind by him. You can approach court to file a civil casr gor partition.
And regarding right to your children, it flows throw thiwr father. So till your husband is alive they cannot claim a right in that property directly.
Sinse your father in law has died intestate i.e. without executing any will, therefore, his all sons, including your husband,have equal right along with his wife i.e your mother in law in any property left behind by him. You can approach court to file a civil casr gor partition.
And regarding right to your children, it flows throw thiwr father. So till your husband is alive they cannot claim a right in that property directly.
yes! Your son has right in his grand father's property but make sure that he has not executed any will in favour of any one and one more important thing that property must be still in the name of your father in law. What is opinion of your other brother in law and where did they live?.
Kind regards
Kind regards
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